Case law

State v. Eplett

167 Wash. App. 660 · Court of Appeals of Washington · Apr 10, 2012

Br. of Appellant at 9; CP at 63. ¶13 In Workman, our Supreme Court held that “it would be proper for a trial court to include in its instruction to a jury on the crime of attempt the qualifying statement that *666 in order … person commits the crime of attempted rape of a child in the second degree when, with intent to commit that crime, he or she does any act that is a substantial step toward the commission of that crime’’ the two instructions clearly

State Of Washington v. Christi L. Kocher

199 Wash. App. 336 · Court of Appeals of Washington · Jun 26, 2017

The court concluded that this was insufficient to establish reasonable suspicion under RCW 46.61.140 and the cases cited in its written decision. … [38] Notably, this statute contains the qualifier "as nearly as practicable" that RCW 46.61.670 does not.

Moshrif v. King County Prosecution Office

District Court, W.D. Washington · Oct 15, 2024

No. 5 at 6, which may mean, depending on the specific charges, that it qualifies as a crime 24 involving moral turpitude, see Fernandez-Ruiz v. … Moshrif also has the burden to establish that his claim is not barred by the applicable 22 statutes of limitations. And finally, Mr.

Centennial Villas, Inc. v. Department of Social & Health Services

47 Wash. App. 42 · Court of Appeals of Washington · Mar 2, 1987

First, RCW 70.38.105(4)(a) provides that ”[t]he construction, development, or other establishment of a new health care facility" is subject to CON review. … The proposed services to be offered by the respondents qualify them as home health care agencies.

Makah Indian Tribe, V. Commissioner Of Public Lands Hilary Franz

Court of Appeals of Washington · May 25, 2021

DNR argues that these timber sales do not qualify as “proposals,” and they are not sufficiently definite for a meaningful SEPA review. … A “proposal” will not qualify for a categorical exemption from SEPA if it is a “segment of a proposal that includes . . .

Department of Labor & Industries v. Lyons Enterprises, Inc.

185 Wash. 2d 721 · Washington Supreme Court · May 19, 2016

Any subordinates must be “qualified and competent,” and franchisees are responsible for training the subordinates. … And such employees shall be duly qualified and licensed to drive and over the age of 25 years.’ ” Id. (quoting lease).

TorchStar Corp v. Hyatech Inc

District Court, E.D. Washington · Jan 6, 2023

conducts including falsely accusing Defendant of copyright infringement on 12 Plaintiff’s marketing materials, while knowing that Plaintiff’s marketing materials 13 could not satisfy the minimum degree of creativity to qualify … That said, to the extent Defendant is seeking liability and damages 13 because Plaintiff filed its lawsuit, the Court find that questions of fact exist 14 whether certain claims that are being asserted by Plaintiff qualify

State v. Kreck

12 Wash. App. 748 · Court of Appeals of Washington · Feb 14, 1975

No other evidence established the cause of death. … State Toxicologist Notes Please identify and label all sample material clearly. Inquiries should refer to “Sample Identification” and “Date sample Received.”

Leach

District Court, W.D. Washington · Dec 2, 2025

Plaintiff filed objections to the 3 recommendations that: (1) Officer Phan is entitled to qualified immunity on the § 1983 claims 4 under the Fourth and Fourteenth Amendments, (2) the public duty doctrine bars a negligence … Accordingly, the Court concurs that Officer 9 Phan is entitled to qualified immunity on Plaintiff’s Fourth Amendment excessive force claim. 10 Plaintiff’s Fourth Amendment claim is DISMISSED.

Harold H. Wright, Jr., Et Ux. v. Pierce County

Court of Appeals of Washington · Aug 31, 2015

Wright has not rebutted that declaration, so the County has established that the trial court's ruling classified Ko's interview notes as work product. … Also, as a public official making a statement about a matter within her official duties, Kooiman had at least a qualified privilege. Gold Seal Chinchillas. Inc. v.

Leonard v. Territory

2 Wash. Terr. 381 · Washington Territory · Jul 15, 1885

How this oath can be held bad, we do not see, unless the words “ as given them on the trial,” are to be regarded as qualifying the word ■‘•evidence ” only. … Judged by the ordinary rules of speech, it .should be understood to qualify the whole phrase “ the law and the evidence.”

Norwegian Lutheran Church v. Wooster

176 Wash. 581 · Washington Supreme Court · Mar 9, 1934

, maintain and conduct seminaries, colleges, academies, schools, hospitals and other benevolent institutions; to establish, maintain and conduct home and foreign missions; to establish, maintain and conduct homes for orphans … work carried on *591 in connection therewith, if it can be segregated, is clearly entitled to exemption under the terms of the statute.

In re the Marriage of Lee

176 Wash. App. 678 · Court of Appeals of Washington · Sep 16, 2013

Qualified Domestic Relations Order ¶17 Kennard argues that the trial court erred by refusing to enter the QDRO as presented by her attorney. … The language of RCW 26.09.140 clearly makes an award of fees and costs discretionary.

Davis v. Microsoft Corp.

149 Wash. 2d 521 · Washington Supreme Court · Jun 5, 2003

Davis failed to establish the second element of his prima facie case—that he was qualified to perform the essential functions of the job in question. … Microsoft stated very clearly its reason for not making a definitive determination whether a job would in fact accommodate Davis’s disability.

State v. Sullivan

69 Wash. App. 167 · Court of Appeals of Washington · Mar 25, 1993

dismissed over objection and replaced by an alternate after most of the evidence had been heard; that he was deprived of a right to a fair trial because of misconduct by the prosecutor; and that the evidence was insufficient to establish … When the trial court has clearly and unequivocally ruled against the exclusion of evidence, the party, in order to preserve the issue on appeal, should not be required to again raise the issue in front of the jury at the

MacKenzie v. State

32 Wash. 657 · Washington Supreme Court · Sep 18, 1903

In any event, her previous election and her subsequent ratification thereof by her conduct as aforesaid established such relation. … established for examination as preliminary to holding the certificates mentioned in the section quoted.

E. I. DuPont De Nemours & Co. v. Garrison

13 Wash. 2d 170 · Washington Supreme Court · Apr 6, 1942

But can that fund “be clearly traced and identified” through all its changes and transitions? … In each of the other two cases cited, it was held that corporate stock remained separate property even though it had substantially appreciated after marriage, but it was either conceded or clearly established that the stock

Reynolds v. Hicks

951 P.2d 761 · Washington Supreme Court · Feb 26, 1998

The Legislature has established the public policy of criminalizing the furnishing of alcohol to a minor. … If the vendor completes this step the vendor is immune from any criminal or civil liability regarding the sale of alcohol to the minor.

State v. Maxon

110 Wash. 2d 564 · Washington Supreme Court · Jun 2, 1988

privilege." 15 Accordingly, we retain the authority to establish a parent-child privilege if one is clearly warranted. … They also claim that a right of privacy which encompasses a parent-child privilege is a "well-established component of federal constitutional theory".

Strong v. Department of Retirement Systems

61 Wash. App. 457 · Court of Appeals of Washington · May 28, 1991

RCW 41.40.170(3) establishes a military credit that can figure into the computation of an employee's pension under PERS. … Neither Strong nor the Department argues that he is an "original member", and clearly he is not. RCW 41.40.185 provides the method for computing the pension.