Case law

United States v. Washington

20 F. Supp. 3d 828 · District Court, W.D. Washington · Dec 31, 2007

The parties to this case, whether tribal, state, or federal, have waived sovereign immunity for those purposes only. … In consideration of the importance of sovereign immunity, such purposes may not be broadened without the parties’ consent.

Graham v. Allen & Nelson Mill Co.

78 Wash. 589 · Washington Supreme Court · Mar 25, 1914

The evidence indicates quite clearly that this was the maximum of his earning power. … Some other errors are noticed in the brief of counsel for appellant, but we think they are clearly without prejudice and do not call for discussion.

State v. Statler

160 Wash. App. 622 · Court of Appeals of Washington · Mar 15, 2011

Significantly, Grier also recognizes that “[n]ot all strategies or tactics on the part of defense counsel are immune from attack.” … Statler cannot establish prejudice.” Majority at 636.

Crisp v. Nursing Homes, Inc.

15 Wash. App. 599 · Court of Appeals of Washington · Jun 8, 1976

.she was never qualified as a registered nurse. … The falsity of this affidavit was clearly' demonstrated in plaintiff’s testimony and birth certificates (Exhibits 47, 49).

Ago

Washington Attorney General Reports · Sep 26, 2005

Initially, the Legislature authorized counties to establish PFDs. See generally RCW 36.100 . In 1999, the Legislature authorized certain cities and towns to establish PFDs as well. Laws of 1999, ch. 165. … It is therefore clearly within legislative intent for a PFD created under RCW 35.57 to own, construct, or operate more than one regional center.

Vasquez v. STATE, DSHS

94 Wash. App. 976 · Court of Appeals of Washington · Apr 6, 1999

Exhaustion is required when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of complaints by aggrieved parties; and (3) the administrative … Glassen clearly believed Detective Perez’s investigation was abusive and wrong, but there is no indication he opposed it on grounds of unlawful discrimination. Mr.

State v. Riker

123 Wash. 2d 351 · Washington Supreme Court · Mar 3, 1994

Our case law clearly establishes that the chief function of battering testimony is to inform the jury about how severe abuse operates to alter the victim’s state of mind in general, and the perception of danger in particular … A: Well, I believe that she is not able to clearly assess her own danger and protect herself and her children to the extent that I think would be reasonable and normal.

Lindblom v. Johnston

92 Wash. 171 · Washington Supreme Court · Jul 11, 1916

On the day named, he qualified as such by giving bond to the United States in the penal sum of $20,000, conditioned for the faithful performance of his duties. His sureties on the bond were Erik O. … Clearly, in equity, he is in no position to complain of their neglect.

State v. Delgado

63 P.3d 792 · Washington Supreme Court · Feb 20, 2003

it is to be established without regard to the prior record. … The State may also introduce other comparable documents of record or transcripts of prior proceedings to establish criminal history. Id.

Shoop v. Kittitas County

108 Wash. App. 388 · Court of Appeals of Washington · Sep 10, 2001

The court stated, “Clearly, this is jurisdictional language.” … Kittitas County argues that the State’s sovereign immunity can be overcome only by a specific statutory grant of “jurisdiction.”

State v. Gassman

160 Wash. App. 600 · Court of Appeals of Washington · Mar 15, 2011

Significantly, Grier also recognizes that “[n]ot all strategies or tactics on the part of defense counsel are immune from attack.” … Gassman cannot establish prejudice.” Majority at 612.

Matter of Detention of Chorney

64 Wash. App. 469 · Court of Appeals of Washington · Mar 31, 1992

Thus, the statute establishes procedures to protect a good faith voluntary patient from being compelled to submit to involuntary treatment. … This treatment alternative was clearly unreasonable.

State v. Hall

35 Wash. App. 302 · Court of Appeals of Washington · Jul 19, 1983

RCW 9.95.210 reflects clearly the legislative intent that the granting of probation would include the imposition of such conditions as in the court's discretion will contribute to teaching personal discipline and the recognition … Where the period of probation is so short that the objective of the statutory scheme is impossible of attainment, the resulting dismissal violates the statute because there has been no probation which would qualify the probationer

Merrill v. Crown Life Insurance

22 F. Supp. 3d 1137 · District Court, E.D. Washington · May 23, 2014

Although Plaintiff has not clearly articulated the basis for his bad faith claim, he appears to be claiming that Crown Life made a “self-serving” decision to deny total disability coverage from January 2011 to November 2011 … The record firmly establishes that this delay was not unreasonable. Contrary to Plaintiffs assertions, the medical records from Dr.

State v. Green

230 P.3d 654 · Court of Appeals of Washington · May 11, 2010

Clearly our legislature's intent in enacting our sex offender statute was similar to the intent of California's statute. … But the dissent fails to sufficiently demonstrate that the legislature clearly intended to establish a discrete "unit of prosecution" every 90 days.

Adamant Plaster Manufacturing Co. v. National Bank of Commerce

5 Wash. 232 · Washington Supreme Court · Nov 23, 1892

In fact, if the original contract was qualified by the oral agreement entered into at the time it was executed as contended for by the plaintiff, it is so unreasonable to suppose that the plaintiff would have voluntarily … plaintiff seems to have thought itself entitled to the entire cost of the labor and material in filling such irregularities with the adamant plaster, but as it was its duty to have filled the same with common lime mortar, it clearly

Baldwin v. City of Seattle

55 Wash. App. 241 · Court of Appeals of Washington · Aug 14, 1989

regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation *248 of any rights, privileges, or immunities … The explanatory paragraph of the Operational Standards section which contains the word "outshoot" is clearly meant to explain to ERT members the reason for the ERT's rigorous dismissal policy.

Gaskill v. Northern Assurance Co.

73 Wash. 668 · Washington Supreme Court · Jun 2, 1913

The evidence establishes not a mere probability but a certainty of innocent error. … That in such a case reformation will be decreed, is clearly established.

Vanhorn v. Nestoss

99 Wash. 328 · Washington Supreme Court · Jan 9, 1918

The plaintiffs in this case are minors, and bring the action by their guardian ad litem for the purpose of having a sale of real estate in a guardianship proceeding declared illegal and void, and for the purpose of establishing … Sections 222 and 223 of the act indicate clearly that it should not be given such a retroactive effect.

Betts v. Betts

3 Wash. App. 53 · Court of Appeals of Washington · Jul 20, 1970

The conjunction of establishing a home in Washington and the intention to remain permanently in this state is sufficient to establish domicile in Washington. In re Mullins, 26 Wn.2d 419 , 174 P.2d 790 (1946). … The child was clearly a dependent child even though the order entered after the juvenile court hearing did not spell out the conditions which created the status of dependency.