Case law

State v. Carr

160 Wash. 83 · Washington Supreme Court · Dec 30, 1930

Clearly, the instruction was in accordance with appellant’s theory of the case, and the element of knowledge and consent on the part of the employee of the paper company as a condition precedent was rightly made a part of … Craddick, 61 Wash. 425 , 112 Pac. 491 , this court said: “A thief will not be accorded immunity by the law by simply returning the stolen property when he finds that his crime has been discovered.”

In Re Detention of West

256 P.3d 302 · Washington Supreme Court · May 5, 2011

This immunity for opinion work product is nearly absolute. Pappas v. Holloway, 114 Wash.2d 198, 211-12 , 787 P.2d 30 (1990). 2. … But this immunity is not absolute.

State v. Martin

14 Wash. App. 74 · Court of Appeals of Washington · Aug 4, 1975

Cir. 1972), the court stated at page 1002: Our rule permits the introduction of expert testimony as to abnormal condition if it is relevant to negative, or establish, the specific mental condition that is an element of the … The instructions when read as a whole clearly required the State to prove that the *78 defendant intended to commit the act.

City of Hoquiam v. Grays Harbor County

24 Wash. 2d 533 · Washington Supreme Court · Feb 28, 1946

At any general election or any special election called for that purpose, the board of county commissioners of any such county may, or on petition of ten per cent of the qualified electors of such county, based on the total … By enactment of chapter 187, Laws of 1937, the legislature clearly stated that, from the effective date of that statute, the county *539 would not be required to operate bridges within the limits of cities in such county,

In re the Personal Restraint of Ecklund

139 Wash. 2d 166 · Washington Supreme Court · Oct 7, 1999

While a record demonstrating two instances when parole, was revoked clearly provides some basis for a finding of lack of rehabilitation, Ecklund’s case is clearly distinguishable, for there is no such clear indication in … However in Cashaw we specifically stated, The Board’s administrative regulations qualify as “laws of the State of Washington” as that term is used in RAP 16.4(c)(2), (6).

Freeman v. Department of Social & Health Services

173 Wash. App. 729 · Court of Appeals of Washington · Feb 20, 2013

err (1) in concluding that the Department of Social and Health Services (Department) timely invoked appellate jurisdiction, (2) in finding general supervisory care is not a Medicaid medical assistance service, and (3) in establishing … Parents League is clearly distinguishable from Freeman’s case. The issue there was whether 42 U.S.C. § 1396d(a)(13) should be construed to include services that are either rehabilitative or habilitative.

Colville Confederated Tribes v. Somday

96 F. Supp. 2d 1120 · District Court, E.D. Washington · Apr 5, 2000

The PBGC concluded the tribe pension plan did not qualify for exempt status. … establishes otherwise.

State Ex Rel. Crabb v. Olinger

196 Wash. 308 · Washington Supreme Court · Sep 22, 1938

The idea of conforming rates to accident experience was more clearly expressed in the amendment of § 4, chapter 74, Laws of 1911, p. 349, in § 1, chapter 188, Laws of 1915, pp. 674, 677. … The relator does not seek in this proceeding to establish his right to compensation — that has been determined, and is conceded by respondent.

Obde v. Schlemeyer

56 Wash. 2d 449 · Washington Supreme Court · Jun 30, 1960

Further, at the time of the sale of the premises, the condition was clearly latent — not readily observable upon reasonable inspection. … Wieber — was incompetent; Wieber qualified as an expert witness on the basis of substantial experience as a realtor and appraiser.

Columbia River Service Corp. v. Gilman

751 F. Supp. 1448 · District Court, W.D. Washington · Nov 29, 1990

See Sharon Steel, 681 F.Supp. at 1496 (“Section 107 clearly expresses Congress’s intent to supersede any rule that would otherwise relieve a responsible party from liability”); Distler, 741 F.Supp. at 646 : Congress clearly … Bradley) (“[A] single mechanism is established to permit Government to pay cleanup costs resulting from releases of hazardous substances into the environment. ...

State v. Wilson

100 Wash. App. 44 · Court of Appeals of Washington · Mar 21, 2000

Here, JST is clearly a victim. … Wilson-Farler’s bank records and discover deposits of funds embezzled from the victim in order to establish *52 the victim’s loss. The connection to the embezzlement is established. C.

Manycolors

District Court, E.D. Washington · Apr 20, 2026

immunity. … There are three exceptions to this 13 immunity: (1) Congress has abrogated immunity within a federal statute; (2) the 14 State has waived immunity and allowed individuals to sue it pursuant to specific 15 state statutes

Kammerer v. Western Gear Corp.

27 Wash. App. 512 · Court of Appeals of Washington · Jan 7, 1981

Any facts tending to establish a party's theory, or to qualify or disprove the testimony of an adversary may be relevant. The relevancy of evidence lies within the discretion of the trial judge. Lamborn v. Phillips Pac. … Further, they had owned and licensed many patents and could be considered qualified to state an opinion as to the value of the patents by virtue of this experience.

State v. Newcomb

160 Wash. App. 184 · Court of Appeals of Washington · Feb 17, 2011

“The issue is whether the State has sufficiently countered Defendant’s claim that there are no material disputed facts and that the undisputed material facts do not establish a prima facie case of guilt.” … The State argues persuasively that even if Kredlo had no possessory interest in the easement itself, he had a possessory interest in the improvements he paid for and that these improvements qualify as the “property of another

Parker v. United Airlines, Inc.

32 Wash. App. 722 · Court of Appeals of Washington · Aug 4, 1982

In the case at bar, the trial court's order clearly shows that the parties appeared and that the trial court considered all pleadings, briefs, and affidavits of the parties. … Supreme Court December 17, 1982. 1 After an extensive investigation, United found that Parker had kept for herself money collected as payments for Red Carpet memberships and that she had allowed a number of persons other than qualified

State Of Washington, V. Anthony Sean Peluso

Court of Appeals of Washington · Jun 6, 2022

You can clearly see the bond they have built since he has started with the [parenting sentencing alternative] program. . . . … receipt of an alternative sentence on those counts for which he was qualified.

Eyle v. Department of Labor & Industries

10 Wash. App. 449 · Court of Appeals of Washington · Jan 18, 1974

Eyle died. 2 Clearly, however, the trial court determined *451 and the record supports a finding that Radine Eyle was disqualified from being considered a beneficiary under the act because of the provisions of RCW 51.08.020 … The court also held that the mother’s subsequent relinquishment of her right to custody and control and authorization for adoption did not qualify the children as beneficiaries under another subdivision (forerunner of subdivision

Dinitia Harris, V. Federal Way Public Schools

Court of Appeals of Washington · Feb 28, 2022

WIAA training clearly states to assume [sudden cardiac arrest] in a collapsed and unresponsive athlete with seizure-like activity. i. … WE CONCUR: 6 In other limited liability statutes the legislature has spelled out that immunity applies to both employers and employees.

Ten Bridges LLC v. Midas Mulligan LLC

District Court, W.D. Washington · Apr 20, 2020

10 statements to a court could fall within the purview of the protection of the statute as the 11 Kauzlarich court recognized, the court held that “the filing of lawsuit or the contents of a 12 complaint” did not so qualify … App. 12 2002) (“[W]e will not construe a statute in derogation of the common law absent a clearly 13 expressed legislative intent to do so.”); see also Briscoe v.

State v. Miller

80 Wash. 75 · Washington Supreme Court · Jun 10, 1914

This was established by the testimony of the presiding judge who recalled it. … by independent evidence of such a character as clearly to turn the scale and overcome the oath of the defendant and the legal presumption of his innocence.