Case law

State v. Riofta

166 Wash. 2d 358 · Washington Supreme Court · Jun 11, 2009

The prosecutor presented evidence of Riofta’s link to the Trang Dai defendants to establish motive for the shooting. … He saw Riofta’s face “clearly.” State’s Resp. to PRP at 189, 201, 211. *372 They exchanged words before Riofta pulled out a gun, allowing the victim to recognize his voice.

State Of Washington, V. Karen K. Peterson

Court of Appeals of Washington · Aug 4, 2025

Since Peterson was never convicted, she does not qualify for vacatur under RCW 9.94A.640. See Hawkins, 200 Wn.2d at 489-90. … It issued an order that clearly exceeded its authority under the rule, Blake, and the vacatur statute.

Thurston County v. Cooper Point Ass'n

108 Wash. App. 429 · Court of Appeals of Washington · Sep 14, 2001

Thus, the County has not established that the proposed sewer line extension is “necessary.” … Laying a four-inch sewer pipe qualifies as an “urban governmental service,” which the GMA defines as “specifically including storm and sanitary sewer systems.” RCW 36.70A.030G9).

State v. White

10 Wash. 611 · Washington Supreme Court · Jan 14, 1895

Nor would the charge, if properly qualified, be applicable to the case on trial, because nobody claimed, and the evidence did not pretend to show, that the killing of Schultz was the act of White, but the act of Ifivingstone … Moore, 92 Ind. 397 , but in that case it was clearly pointed out that while it was proper-to say to the jury that they had a right to consider the interest of the accused as a witness, it must be left to them to say as a

Cruzado v. Rogers

District Court, W.D. Washington · Feb 22, 2022

“To establish extreme and outrageous conduct, a plaintiff must show 2 that the conduct was so outrageous in character, and so extreme in degree, as to go beyond all 3 possible bounds of decency, and to be regarded as … That basic rule comports fully with the Supreme Court’s decision in New Hampshire: (1) the positions are clearly inconsistent (“a claim 18 does not exist” vs.

State v. Kintz

169 Wash. 2d 537 · Washington Supreme Court · Aug 26, 2010

It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. RCW 9A.46.110(6)(b). … It alleges, “Clearly, the ‘rudder’ the dissent has in mind is some measurement of time that must transpire between the first and second occasions of following or harassment.” Id.

Poole v. Seattle-First National Bank

741 F. Supp. 837 · District Court, E.D. Washington · Jun 11, 1990

occupation for which he is or could become qualified by training, education or experience.” … In the alternative, the plaintiff argues that the evidence so clearly establishes his disability that the Committee abused its discretion under an arbitrary and capricious standard.

Department of Social & Health Services v. Gilfillen

126 Wash. App. 181 · Court of Appeals of Washington · Mar 7, 2005

DSHS contacted the Apache nation to research the mother’s bloodline, then filed an affidavit stating that the child was not qualified to be enrolled. No formal notice was sent to the tribe. … Yet, after the dependency was established, mental health services were withheld pending the evaluations.

Carbery v. Fidelity Savings & Loan Ass'n

32 Wash. 2d 391 · Washington Supreme Court · Jan 20, 1949

The record does not clearly disclose the physical construction of the elevator and the means of exit therefrom. . The evidence was in dispute. Mrs. … In the case at bar, the issues were clearly presented by the pleadings and by the evidence.

Klemens v. AIR LINE PILOTS ASS'N, INTERN.

500 F. Supp. 735 · District Court, W.D. Washington · Oct 31, 1980

. § 402 ( o ), they do not qualify as "members" under the LMRDA. By its terms, the second proviso applies to "any such action", which refers back to suits by union members against their unions. … The granting of motions to strike is not generally favored, because it is difficult to establish that a defense is clearly insufficient.

Voters Education Committee v. Public Disclosure Commission

161 Wash. 2d 470 · Washington Supreme Court · Sep 13, 2007

However, Bare does not establish binding precedent here. … However, VEC fails to justify how it qualifies as a “political organization” but not a “political committee.”

King County v. Superior Court for King County

199 Wash. 591 · Washington Supreme Court · Jul 15, 1939

awarding the county printing contract, with a view to giving said printing the widest publicity; and no newspaper shall be eligible as a competitor, nor shall a contract be let to any newspaper, unless the same shall have been established … In the case at bar, the trial court found that the county commissioners had properly called for bids, and it clearly appears that several bids were received, including one from the WCF, which bid was accepted by a majority

State v. Yarbrough

151 Wash. App. 66 · Court of Appeals of Washington · Jun 30, 2009

Although Dudley could see that someone was holding a gun, he could not clearly see who that person was. … And Ringer’s testimony was “otherwise admissible” because he was clearly qualified as a gang expert given his extensive training and years of experience and his testimony was helpful to the jury as it provided the context

Douglas Merino, Et Ux v. State Of Washington

Court of Appeals of Washington · Mar 11, 2014

Because of the remedial purpose of such statutes a forfeiture or waiver of [ disability] pension rights should be found only where clearly intended by the parties. "' Newlun, 53 Wn. … In establishing these procedures, the legislature limited the WSP chief' s disability review to " medical history, reports, doctors' analyses and the like" when removing an officer from disability status.

Hornish v. King County

182 F. Supp. 3d 1124 · District Court, W.D. Washington · Apr 20, 2016

First of all, the Washington Supreme Court in Ker-shaw qualified their holding as follows: “[W]hen the granting document uses the term ‘right of way as a limitation or to define the purpose of the grant, it operates to ‘clearly … and expressly limit[ ] or qualify[y] the interest conveyed.’”

Bercier v. Kiga

103 P.3d 232 · Court of Appeals of Washington · Dec 21, 2004

Therefore, he does not qualify for the State tobacco tax exemption. A. … These statutes clearly exempt "Indians" and "Indian tribal organizations" from State cigarette and OTP taxes.

Mayer v. Pierce County Medical Bureau, Inc.

80 Wash. App. 416 · Court of Appeals of Washington · Dec 19, 1995

Agreement and by the Bureau’s Bylaws. 2 As support, he cites two principles of general contract construction: (1) when there is an inconsistency between a general and a specific provision, the specific provision ordinarily qualifies … Although clearly applicable to the circumstances in this case, Mayer concedes that this legislation did not take effect until 1993, one year after the Bureau cancelled the Preferred Participant Agreement.

Grey v. Leach

158 Wash. App. 837 · Court of Appeals of Washington · Dec 13, 2010

” 13 or (3) “by any act or omission, caused or contributed to the release or threatened release of a hazardous substance at the facility.” 14 Only the third limitation is at issue here. ¶14 The Leaches contend that they qualify … than on the unexpressed subjective intent of the parties.” 26 Clear and unambiguous contracts are enforced as written. 27 Words used in a contract are given their ordinary, usual, and popular meaning unless the agreement clearly

State v. Cross

132 P.3d 80 · Washington Supreme Court · Mar 30, 2006

But even from the cold record, the trial court had good reason to find that Juror 30 was not death qualified. … However, an Ohio statute immunized witness testimony, meaning self-incrimination was not possible as a matter of law.

State v. Lacey

8 Wash. App. 542 · Court of Appeals of Washington · Mar 16, 1973

Very clearly the trial court did not abuse its discretion in rejecting evidence of the probate sale on the basis that the probate sale was forced and not voluntary. … Under RCW 8.25.070 they have qualified for the allowance of the attorney fees. In State v. Kodama, 4 Wn.