Case law

State v. Law

110 P.3d 717 · Washington Supreme Court · Apr 21, 2005

II Analysis ¶ 9 For the purposes of our review we first recognize that "[o]ur precedent ... clearly establishes that statutes defining punishment fall within the province of the legislature." State v. … excessive or clearly too lenient.

In Re Detention of Jones

149 Wash. App. 16 · Court of Appeals of Washington · Feb 23, 2009

to interpreting the "best interests" determination, the Bergen court also held that the "adequate community safety" determination involves examining the residence identified in an LRA: "[A]dequate community safety" ... clearly … But RCW 71.09.350(3) provides an exception for an expert who is not providing treatment: Nothing in this section prohibits a qualified expert from examining or evaluating a sexually violent predator who has been conditionally

State v. Wallace

86 Wash. App. 546 · Court of Appeals of Washington · May 27, 1997

Clearly, protecting prisoner health is not the sole *556 or even the main purpose of the statute. … Taken to its limit, Wallace’s argument would allow first degree murderers with health problems to qualify for home detention.

State v. Audett

158 Wash. 2d 712 · Washington Supreme Court · Nov 30, 2006

Additionally, the committed person may retain or, if he or she is indigent and so requests, the court may appoint a qualified expert or professional person to examine him or her. … Thus, while the first factor in Chevron Oil provides some support for limiting the application of Williams, the last two do not clearly support nonretroactivity. See Beavers v.

State v. Ish

208 P.3d 1281 · Court of Appeals of Washington · Jun 10, 2009

. ¶ 16 Second, the State sought to establish that in his plea agreement, Otterson promised to testify truthfully. … Recklessness also is established if a person acts intentionally or knowingly. Clerk's Papers at 109 (emphasis added).

Rhodes v. URM Stores, Inc.

95 Wash. App. 794 · Court of Appeals of Washington · Jun 1, 1999

To establish a prima facie case of handi *799 cap discrimination, Mr. Rhodes must prove (1) he is handicapped, (2) he is qualified for his position, and (3) he was replaced by a person who is not handicapped. Lords v. … Rhodes had established that URM discriminated against him because of his uncontrolled drug abuse, he still fails to establish a viable claim of handicap discrimination.

State v. Hicks

181 P.3d 831 · Washington Supreme Court · Apr 24, 2008

The Trial Court's Denial of the Batson Challenge Was Not Clearly Erroneous 1. Federal law governing Batson ¶ 28 In Batson v. … And third, "[t]he trial court then [has] the duty to determine if the defendant has established purposeful discrimination."

Cook v. Clallam County

27 Wash. 2d 793 · Washington Supreme Court · May 8, 1947

Cook qualified as administrator of the estate of Mrs. Cook, and Edmund J. Theiler qualified as executor of the estate of Mrs. Theiler. … That § 159 applies to wrongful death actions-against private persons or corporations is conclusively established. Dodson v. Continental Can Co., 159 Wash. 589, 592 , 294 Pac. 265 .

City of Spokane v. State

198 Wash. 682 · Washington Supreme Court · Apr 28, 1939

while exempting non-competitive articles, constituted an arbitrary and capricious classification, violative of the equal protection clause of the 14th amendment to the Federal constitution and of the special privilege and immunity … We set out the form sent to the members of the 1935 legislature, quoting it from the appendix to the state’s brief: “That affiant was one of the duly elected, qualified and acting members of the legislature of the State of

Spokane Research & Defense Fund v. Spokane County

139 Wash. App. 450 · Court of Appeals of Washington · Jun 28, 2007

The issue is whether the superior court correctly determined that the city of Spokane (City) had a specific interest in a downtown parking garage so as to qualify the garage for tax exemption. … See RCW 35.21.755 (Public Development Authority receives same immunity as city creating it); Clallam County v. United States, 263 U.S. 341, 345 , 44 S. Ct. 121 , 68 L.

State v. Mitchell

117 Wash. 2d 521 · Washington Supreme Court · Oct 3, 1991

They qualified as statements against interest under ER 804(b)(3). … Therefore, he has not established error by the trial court in refusing to allow impeachment of the witnesses by their "juvenile records".

State v. Schelin

55 P.3d 632 · Washington Supreme Court · Oct 17, 2002

The Valdobinos court clearly established that mere constructive possession is insufficient to prove a defendant is "`armed' with a deadly weapon during the commission of a crime" as required by former RCW 9.94A.125. … Meyers, The Privileges and Immunities of Citizens in the Several States, 1 MICH L.REV. 286, 290-94 (1903). Equally clear is that the scope of this individual right is qualified by textual exceptions.

Ventures Northwest Ltd. v. State

914 P.2d 1180 · Court of Appeals of Washington · Apr 19, 1996

238 (1990). 42 U.S.C. § 1983 A cognizable claim for relief under 42 U.S.C. § 1983 must allege that (1) defendant acted under color of state law; and (2) defendant's conduct deprived the plaintiff of rights, privileges or immunities … Clearly, the Corps had a basis to deny the permit even before it received the State's December 15, 1988 letter.

State v. Thompson

35 Wash. App. 766 · Court of Appeals of Washington · Oct 11, 1983

Chervenell, 99 Wn.2d 309 , 662 P.2d 836 (1983), the Supreme Court held that in order to prove the validity of a guilty plea for use in subsequent proceedings, *771 the State must establish beyond a reasonable doubt that the … The crime of escape in the first degree is clearly distinguishable in its nature and purpose from habitual criminal proceedings.

Northwest Greyhound Lines, Inc. v. McCornack

41 Wash. 2d 672 · Washington Supreme Court · Dec 18, 1952

qualified than most lawyers or most judges would be. … The formula is not an automatic, self-executing one, free from the touch of human hands, and immune from the fallibility of human judgment.

Jaramillo v. Morris

50 Wash. App. 822 · Court of Appeals of Washington · Mar 22, 1988

Morris' podiatry license, as established in RCW 18.22.010(1). It appears from the record the type of surgery performed by Dr. … Here, that clearly occurred, given the conflict between the trial court's ruling and that of the WSPB after its contested ruling.

State v. Stapp

65 Wash. 438 · Washington Supreme Court · Oct 28, 1911

Their testimony is direct and certain as to the acts of appellant, and clearly sufficient to warrant the jury in concluding that appellant produced the miscarriage, unless we can say that their testimony showing appellant … This was evidently for the purpose of qualifying himself as an expert witness.

Freedom Foundation v. Department of Transportation

168 Wash. App. 278 · Court of Appeals of Washington · May 10, 2012

There, our Supreme Court addressed another federal regulation addressing different privacy protections, 12 but Ameriquest establishes the rule that federal regulations with their enabling statutes qualify as “other statute … “medical information” only, and not qualifying “test results.” 49 U.S.C. § 5331 (d)(7); see Am.

Eggers v. The Healing Lodge of the Seven Nations

District Court, E.D. Washington · Aug 13, 2025

Tax Comm’n, 498 U.S. at 514. 21 When a tribe establishes an entity to conduct certain activities, the entity is 22 immune if it functions as an arm of the tribe. Allen v. … Absent a clearly stated intent to extend tribal 9 immunity, district courts have looked to tribal authorizations to perform tribal self- 10 governance functions to decide this factor. Manzano v. S.

Apartment Management Consultants Llc, V. State Dept. Of Revenue

Court of Appeals of Washington · Mar 3, 2026

AMC also argued that Rule 111 applied to its circumstances because the PMAs established that AMC was an agent of the Owners. … AMC’s employee handbook clearly demonstrates that AMC considers itself as the employer of onsite employees.