Case law

State v. Ross

71 Wash. App. 556 · Court of Appeals of Washington · Oct 28, 1994

excessive or clearly too lenient. … The State concedes that the finding is not supported by the record because there was no testimony from a qualified mental health professional as mandated by Pryor, 115 Wn.2d at 454 .

Wise v. Schmoeckel

71 Wash. 2d 734 · Washington Supreme Court · Aug 3, 1967

If the gross assets of the guardianship are later reduced by established claims and authorized disbursements, the trial court may reduce the amount of the bond or eliminate it within the boundaries set by the statute. … Although not so involved, the facts of the instant case are clearly within the principle announced in In re Whitish, supra.

Zunino v. Rajewski

140 Wash. App. 215 · Court of Appeals of Washington · Aug 21, 2007

Similarly, “a ‘deed [of easement] is not required to establish the actual location of an easement, but is required to convey an easement’ which encumb[ers] a specific servient estate.” Id. … App. 375, 382 , 793 P.2d 442 (1990). ¶28 “No particular words are necessary to constitute a grant and any words which clearly show the intention to give an easement are sufficient.” Id. at 379 .

State v. Finkley

6 Wash. App. 278 · Court of Appeals of Washington · Jan 3, 1972

That question has been resolved: [T]he right of confrontation may not be invoked to exclude evidence otherwise admissible under well-established legitimate exceptions to the hearsay rule. Kay v. … All seven of those pictured appeared to be of a comparable age, with no distinctive features, except that one of them *283 was not clearly a black, as contrasted with Mr. Finkley and the other five persons pictured.

United States v. State of Wash.

506 F. Supp. 187 · District Court, W.D. Washington · Sep 26, 1980

Clearly, the treaties reserved to the tribes more than a share of the 1854 and 1855 salmon runs; they also reserved the right to share in all future runs. … The Supreme Court held that although the tribe was immune from suit under the doctrine of sovereign immunity, the individual members of the tribe were proper parties and were subject to regulation by the state both on as

Schumacher v. Williams

28 P.3d 792 · Court of Appeals of Washington · Aug 6, 2001

It is not necessary for these beneficiaries to establish financial dependence on the deceased. … It is well established that state law does not work to preempt federal civil rights actions which assert substantive due process violations.

State Ex Rel. N.W. Etc. v. S. Ct.

28 Wash. 2d 476 · Washington Supreme Court · Jul 24, 1947

The District was established under the provisions of Laws of 1931, chapter 1, p. 3, with boundaries coextensive with the limits of Clark county. … I, § 12, provides: "No law shall be passed granting to any citizen, class of citizens, or corporation, other than municipal , privileges or immunities which, upon the same terms, shall not equally belong to all citizens or

Severson v. Penski

36 Wash. App. 740 · Court of Appeals of Washington · Feb 27, 1984

It is well established that "a statute is not retrospective merely because it draws upon antecedent facts for its operation without changing their legal effect." Zahradnik v. Department of Licensing, 31 Wn. … The state constitution provides that unless otherwise qualified, the laws of any session take effect 90 days after adjournment sine die.

Washington Local Lodge No. 104 of the International Brotherhood of Boilermakers v. International Brotherhood of Boilermakers

33 Wash. 2d 1 · Washington Supreme Court · Feb 21, 1949

Hughes: You had better qualify that ‘any place’. You mean any reasonable place? The Witness: Yes, any reasonable place. … It is clearly established in the record that there were no trials conducted at the Stratford hotel.

State v. Smith

88 Wash. 2d 127 · Washington Supreme Court · Jan 7, 1977

The prohibition is cast in unquestionably general rather then in explicit and clearly definitive language. … The "exigent" circumstances, however, are not established and were clearly not present.

Paschall

District Court, E.D. Washington · Nov 14, 2025

Paschall to organize her Amended Complaints by causes of action, and 14 then clearly state the facts supporting each cause of action. ECF No. 16 at 6. … The doctrine 4 “is a well-established jurisdictional rule prohibiting federal courts from exercising 5 appellate review over final state court judgments.” Reusser v.

Card v. Pierce County Sheriffs Department

District Court, W.D. Washington · Oct 18, 2024

Lack of Subject Matter Jurisdiction 16 Although plaintiff states that this Court has federal question jurisdiction over this 17 complaint, plaintiff’s IFP application does not clearly … A judge is immune from liability unless the actions were nonjudicial, or the actions were “taken in the 23 complete absence of all jurisdiction.” Mireles v.

In Re Smith's Estate

179 Wash. 287 · Washington Supreme Court · Nov 8, 1934

Silvain was appointed, and on May 10, 1932, qualified, as administrator of the estate. … When the state has shown these things, it has established prima facie the escheat of the property." (Italics ours.)

Ago

Washington Attorney General Reports · Jun 21, 1999

Veharen supports our conclusion that the death or disqualification of the winning candidate in an election should not result in a victory for a candidate who clearly lost the race. … Even if such votes are ineffective for electing a candidate, they can clearly establish the voter's rejection of another candidate.

Dellen Wood Products Inc., App. V Wa State Dept. Of Labor And Industries, Resp.

Court of Appeals of Washington · Feb 25, 2014

To qualify as a self - insured employer, an employer must first establish that it has sufficient financial ability to pay workers' compensation benefits and assessments under … A claimant alleging deprivation of due process must first establish a legitimate claim of entitlement. Haberman v. Wash. Pub.

Herring v. Department of Social & Health Services

81 Wash. App. 1 · Court of Appeals of Washington · Jan 16, 1996

The SSI facilitator position was established in 1987 to assist Washington state residents receiving General Assistance Unemployable benefits (GAU) to successfully apply for SSI benefits. … An *16 appellate court will overturn a jury verdict only if it is "clearly unsupported by substantial evidence.” Burnside v. Simpson Paper Co., 123 Wn.2d 93, 107-08 , 864 P.2d. 937 (1994); Adcox v.

Robertson v. State Liquor Control Bd.

10 P.3d 1079 · Court of Appeals of Washington · Oct 12, 2000

Clearly, Congress did not intend to preempt this field of law. Here, Mr. Robertson ran afoul of RCW 82.24. … In sum, under RCW 82.24.135(5), the person seeking recovery of a conveyance seized pursuant to RCW 82.24.130 bears the burden of proving by a preponderance of the evidence that he or she qualifies for an exemption from forfeiture

Balise v. Underwood

71 Wash. 2d 331 · Washington Supreme Court · Jun 1, 1967

As a result, he qualified and was entitled to receive, in addition to his hourly wage, the sum called for by the following provision of the union-management agreement: When jobs are located outside of the city limits of Everett … The proffered contradictory matter was clearly collateral to the main issues in the suit. It was not such a fact as could have been shown in evidence for any purpose independently of the contradiction. State v.

Jepson v. Department of Labor & Industries

89 Wash. 2d 394 · Washington Supreme Court · Dec 22, 1977

Clearly, an "individual employer" would be disentitled to coverage by the proviso. … RCW 51.08.070 clearly states the term "employer" includes persons alone and as part of the corporate structure.

Ruff v. Department of Labor & Industries

107 Wash. App. 289 · Court of Appeals of Washington · May 21, 2001

Unlike the doctor there, DLI clearly argued that the theory of “chronic porphyria” caused by odor-level chemicals present during building remodel lacked general acceptance in the medical community. As such, Dr. … Copeland, 130 Wn.2d at 255 (scientific evidence not admissible under Frye if there is a significant dispute among qualified experts as to its validity). 66 Wn.