Case law

State v. Stubbs

240 P.3d 143 · Washington Supreme Court · Oct 7, 2010

excessive or clearly too lenient. … Likewise, the loss of a leg, a "significant permanent loss . . . of the function of [a] bodily part," would qualify as "great bodily harm"; but so would paraplegia.

State v. Harris

78 Wash. 2d 894 · Washington Supreme Court · Feb 4, 1971

Peele, we said, at page 30: It has been long established that the doctrines of res judicata and collateral estoppel do apply in criminal cases. … It is clearly admissible in the present proceeding involving charges wherein the wife and her son are the victims. RCW 5.60.060(1). Unlike the situation or admonitions in Ashe v.

WASHINGTON STATE BLDG. & CONST. v. Spellman

518 F. Supp. 928 · District Court, E.D. Washington · Jun 26, 1981

First, it clearly excludes federal waste or facilities from any action taken under a regional compact. … Finally, the Initiative will clearly have more than an incidental effect on interstate commerce.

State v. Winterstein

140 Wash. App. 676 · Court of Appeals of Washington · Sep 11, 2007

. ¶12 Soderlind agreed to testify at Winterstein’s trial after receiving immunity from further prosecution. … The State bears the burden of establishing an exception to the warrant requirement. State v.

State v. Gaines

122 Wash. 2d 502 · Washington Supreme Court · Oct 7, 1993

Here, the trial court's reasons for imposing the exceptional sentence were clearly based on considerations about Gaines's drug addiction. … If a departure from the standard range is justified, then the reviewing court may proceed to consider whether the exceptional sentence is clearly excessive or clearly too lenient, as required under RCW 9.94A.210(4)(b).

Griffith v. Holman

54 L.R.A. 178 · Washington Supreme Court · Dec 3, 1900

But we are clearly of the opinion that the stream under consideration is a non-navigable stream. … It is well established that, except in salt-water streams, the question of navigability is one of fact that must be established by those who seek to use it as such; and it is also well established that the stream must be

Mourik v. Adams

47 Wash. 2d 278 · Washington Supreme Court · Sep 1, 1955

So I am forced to hold here that the facts are she has had 10 years possession of the 10 foot strip, open and notorious, and qualifies under the statute. “I do not ignore that she never knew where it was. … Novak, 84 Wash. 39 , 146 Pac. 160 ) and the title is not to be overcome by-evidence of entry and occupation alone, but the hostile intent must be clearly demonstrated.”

Bresolin v. Morris

88 Wash. 2d 167 · Washington Supreme Court · Jan 7, 1977

It has no walls, fences or guards, limiting the types of persons it can take and clearly indicating it was not established to provide immediate drug treatment for all prison inmates who might be found to be narcotics addicts … The power of the courts to intervene to protect inmates from conditions which threaten their health or safety, or which are violative of a basic constitutional right is clearly established. See, e.g., Estelle v.

State Ex Rel. Swanson v. Perham

30 Wash. 2d 368 · Washington Supreme Court · Mar 29, 1948

It has always been, and now is, a private corporation qualified to engage in buying, selling, handling, and otherwise dealing in fruits, vegetables, grain, and all kinds of agricultural, horticultural, and poultry products … It can alter or modify any right, privi *382 lege, or immunity granted by it.

Barouh v. Israel

46 Wash. 2d 327 · Washington Supreme Court · Mar 22, 1955

If, however, the identity of the property can be established from the description, then the description is not so erroneous as to invalidate the homestead. Wheeler Perry Co. v. … Clearly, no one was misled by the slight error in describing the property in question. The date of the acknowledgment is blank, but this is not a material defect. 1 C. J. S. 843, Acknowledgments, § 85.

State v. Olsen

Washington Supreme Court · May 15, 2014

To determine whether a past conviction qualifies, courts use the "categorical approach." Id. … Ed. 2d 607 (1990) (establishing the categorical and modified categorical approaches to the ACCA).

State v. Black

109 Wash. 2d 336 · Washington Supreme Court · Nov 5, 1987

Here, the question is whether rape trauma syndrome has been generally established as a scientifically reliable means of proving that a rape occurred. … Fischman, The Aftermath of Rape lb (1979) ("Clearly, the concept of a typical rape victim has no place within the context of postrape adjustment").

State of Washington v. The GEO Group Inc

District Court, W.D. Washington · Sep 20, 2021

As to the second question regarding intergovernmental immunity, GEO disputes 2 the Court’s application of established legal principles. … While GEO clearly does not agree with 3 the Court’s rulings on the issues presented in the proposed questions, “a party’s strong 4 disagreement with the Court's ruling is not sufficient for there to be a substantial

In Re The Detention Of L.K.

471 P.3d 975 · Court of Appeals of Washington · Sep 1, 2020

The Supreme Court held that in determining whether the State had adequately protected a person’s rights, courts must show deference to the judgment exercised by a qualified professional, particularly when it came to a determination … As discussed above, former RCW 71.05.215(2)(a) and former RCW 71.05.217(7)(b) clearly require the State to attempt to obtain informed consent before involuntarily administering psychotropic medications.

In Re Dependency of TJB

62 P.3d 891 · Court of Appeals of Washington · Jan 9, 2003

He claims he qualifies under the latter two criteria, and does not argue the first. … Brown did not deny that this incident occurred, and a child wandering unsupervised by the roadway clearly poses the potential for physical harm to the child.

State v. Trevino

127 Wash. 2d 735 · Washington Supreme Court · Oct 12, 1995

Clearly, the rule was violated. … RCW 46.61.502. 5 Although the court did not order suppression of the breath test results, the State was effectively unable to obtain admission of the results because it could not establish that Trevino’s mouth had been free

Proctor v. Appleby

110 Wash. 403 · Washington Supreme Court · Mar 22, 1920

Titles to real property, where the question of title is only inadvertently or collaterally involved, may be established by parol evidence from one qualified to speak (Littlefield v. … Its accumulated mass, however, we think the record shows was clearly so.

Crane Towing, Inc. v. Gorton

89 Wash. 2d 161 · Washington Supreme Court · Oct 20, 1977

Clearly, RCW 46.52.1198 was enacted by the legislature to insure compliance with chapter 281 by towing firms and property owners. … payment so long as it is understood that payment will be forthcoming within 30 days, denies them equal protection of the laws. 8 The guaranty of equal protection of the laws and the prohibition against special privileges and immunities

State v. Lillard

122 Wash. App. 422 · Court of Appeals of Washington · Jul 12, 2004

Evidence at trial clearly established that Lillard possessed the property. … statement” as an “oral or written assertion or . . . nonverbal conduct of a person, if it is intended by the person as an assertion.” 29 Out-of-court statements offered for a purpose other than the truth asserted do not qualify

Grant v. Boccia

137 P.3d 20 · Court of Appeals of Washington · Jun 6, 2006

A witness qualified as an expert may testify on the basis of "scientific, technical, or other specialized knowledge" if the testimony "will assist the trier of fact to understand the evidence or to determine a fact in issue … CP at 592, 593.); FREDERICK WOLFE, POST-TRAUMATIC FIBROMYALGIA: A CASE REPORT NARRATED BY THE PATIENT (1994) (stating "there is no clearly agreed upon mechanism by which an injury could cause fibromyalgia."