Case law

State Of Washington v. Scott Jesus Barajas

Court of Appeals of Washington · Oct 3, 2017

We disagree.6 The Washington Constitution’s privileges and immunities clause provides that “[n]o law shall be passed granting to any citizen . . . privileges or immunities which upon the same terms shall not equally … The order clearly states that Barajas was convicted of violation of a domestic violence no-contact order.

Kirby v. Employment Security Department

179 Wash. App. 834 · Court of Appeals of Washington · Mar 10, 2014

On July 9, 2011, the Department issued a determination notice denying her request for benefits because she was fired for work misconduct and therefore did not qualify for benefits. … 2011 was reasonable, which is required to establish insubordination.

Jjr, Inc. v. United States

950 F. Supp. 1037 · District Court, W.D. Washington · Jan 3, 1997

The government’s premise is that plaintiff’s control over performers as described in their written contract (¶ 6) establishes an employer/employee relationship. … Here, the answer is clearly “yes” as supported by the industry practice and accounting advice.

National Bank of Commerce v. King County

153 Wash. 351 · Washington Supreme Court · Aug 9, 1929

No decision of this court appears to have so qualified § 5219 as to permit discrimination in taxation in favor of moneyed capital such as is here contended for. … The investments of the savings and loan associations in collateral loans of more than one and one-half million dollars, on a class of securities accepted by respondents as collateral for loans, clearly establish the fact

Andrew Weiser, Appellant/cross v. Michelle Weiser, Respondent/cross

Court of Appeals of Washington · Oct 27, 2020

The order also stated that it was intended to “qualify under the [USFSPA], 10 U.S.C. §1408” and that “[a]ll provisions shall be interpreted to make the order qualify.” Id. … Furthermore, the order also stated that it was intended to “qualify under the [USFSPA], 10 U.S.C. §1408” and that “[a]ll provisions shall be interpreted to make the order qualify,” so these provisions must be interpreted

In re the Disciplinary Proceeding Against Anschell

149 Wash. 2d 484 · Washington Supreme Court · May 29, 2003

Bolusan’s aunt] and him a grant of immunity.” Decision Papers at 11 (Finding of Fact 5). … However, the unchallenged findings establish that he failed to take action in Ms.

Davis v. Strus

District Court, E.D. Washington · Jun 1, 2020

This determination was made in the context of evaluating Murray and 6 Kramer’s arguments related to qualified immunity. See id. at 36. … ” so the individual Riverside Defendants are 18 not entitled to qualified immunity.

State v. Ciskie

110 Wash. 2d 263 · Washington Supreme Court · Mar 17, 1988

Klingbeil's credentials were, as in the Allery case, "well-established at trial." Allery , at 596. … In order to convict, the jury must have found beyond a reasonable doubt C.H. clearly manifested her lack of consent to appellant.

National Merit Insurance v. Yost

101 Wash. App. 236 · Court of Appeals of Washington · Jun 9, 2000

Because Yost qualified as an insured under that policy, National General paid her the $100,000 policy limit. … Rather, the plain language clearly indicates the opposite: there is no supplemental insurance over and above the highest amount available under all applicable policies.

State of Washington v. Francisco Gonzalez-Gonzalez

Court of Appeals of Washington · May 3, 2016

"The trial court's determination' s to the defendant's resources and ability to pay is essentially factual and should be revie ed under the clearly erroneous standard.'" State v. Bertrand, 165 Wn. … Gonzalez-Gonzalez was indigent and thu qualified for publicly funded counsel both for trial and on appeal, Mr. Gonzalez-Gonza ez testified that he was employed helping a mechanic at the time of his arrest.

Adams v. State

71 Wash. 2d 414 · Washington Supreme Court · Jun 15, 1967

Clearly, it was the failure of the afternoon shift to follow the doctor’s orders in this latter respect, not in the former, that we are concerned with in this case. … It is well established that, on the question of foreseeability, the pertinent inquiry is not whether the actual harm sus *423 tained by Mrs.

State v. Hull

86 Wash. 2d 527 · Washington Supreme Court · Feb 19, 1976

Secondly, appellant contends that he is immune from prosecution for two reasons: (1) that Miller cannot constitutionally be applied retroactively and, (2) that RCW 9.68.010 and the Roth-Memoirs instruction were unconstitutionally … Both appellants’ publications are clearly of the “hard core” variety and are clearly within the two examples cited by Miller . 5 The only task remaining now is to determine whether appellants were denied due process in the

In Re Washington Public Power Supply System Securities Litigation

673 F. Supp. 411 · District Court, W.D. Washington · Apr 30, 1987

School Bd. of Prince Edward County, 377 U.S. 218, 231 , 84 S.Ct. 1226, 1233 , 12 L.Ed.2d 256 (1964) (Closing of public schools on the “grounds of race and opposition to desegregation do not qualify as constitutional.”); Gomillion … The legislative purpose here was not cloaked in deceit or hidden by subterfuge, but rather was proudly and clearly proclaimed.

In Re the Welfare of Sumey

94 Wash. 2d 757 · Washington Supreme Court · Dec 4, 1980

The nature of the constitutionally protected parent-child relationship has been clearly articulated by the United States Supreme Court, this court and other courts. In Stanley v. … The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing

UltimatePointer, LLC v. Nintendo Co.

73 F. Supp. 3d 1305 · District Court, W.D. Washington · Dec 22, 2014

ViaCell, Inc., 491 F.3d 1342, 1366 (Fed.Cir.2007) (acknowledging “the deference that is due to a qualified government agency presumed to have done its job”). … The Court assumes that Nintendo will not pursue its counterclaim, having established that the Wii does not infringe either claim.

Seatac Committee For Good Jobs v. Bf Foods, Llc

Court of Appeals of Washington · Feb 10, 2014

It is found in Title 35A RCW, the title that allows for the establishment of optional municipal code cities and defines how such cities shall be governed and operated. SeaTac is an optional municipal code city. … They clearly do not fear the popular will—if they did, they would not have granted their residents initiative and referendum powers in the first place.

Donnelly v. National Bank of Wash.

27 Wash. 2d 622 · Washington Supreme Court · Apr 11, 1947

In accordance with the terms of his will, executed October 23,1939, the National Bank of Washington was the appointed and qualified trustee of the trust set forth in that will. Betty H. Montgomery, Willis C. … Clearly, it was the intention of the settlor that the specified amount be paid to respondent to permit him to finish his law course.

Bogomolov v. LAKE VILLAS CONDOMINIUM ASS'N

127 P.3d 762 · Court of Appeals of Washington · Jan 30, 2006

. ¶ 17 The deed clearly states that second-class shorelands were originally conveyed by the State to the original owners of the land in 1917. … Thus, the Declaration does not provide that only the existing numbered boat slips are limited common areas, but rather explains why the existing boat slips qualify as limited common areas.

State v. Bacotgarcia

59 Wash. App. 815 · Court of Appeals of Washington · Dec 13, 1990

Nor does proof of the defendant's relationship with Brackett establish a preexisting plan. … In our view, to establish a common plan through similarity between the charged crime and a prior crime, courts should rarely, if ever, admit evidence of a prior crime which does not qualify as a "signature crime" without

State v. Michielli

132 Wash. 2d 229 · Washington Supreme Court · May 29, 1997

The Supreme Court of Florida determined that the defendant’s forging checks did not qualify as trafficking in stolen property. … In contrast to the facts in Camp, Michielli’s selling three stolen items to a pawnshop qualifies as trafficking.