Case law

Thompson v. Weimer

1 Wash. 2d 145 · Washington Supreme Court · Nov 1, 1939

Weimer was appointed executor, and immediately qualified. On February 1, 1938, Clarence C. … Apparently, the court accepted the will made on May 29, 1936, as evidence establishing, not only that a contract to devise had been made, but also establishing its terms. It is said in Worden v.

Belas v. Kiga

135 Wash. 2d 913 · Washington Supreme Court · Jul 30, 1998

Property that does not qualify for a limited valuation would be taxed at full market value on the basis of ratios that compensate for the limited values on other properties. … Qualifying multi-unit housing in urban centers with insufficient housing can obtain a 10-year exemption for the value of construction, conversion or rehabilitation.

Allstate Insurance v. Raynor

143 Wash. 2d 469 · Washington Supreme Court · Apr 19, 2001

Allstate brought this separate declaratory judgment action to establish that the wrongful deaths and personal injuries were not covered under the Kings’ Deluxe Homeowners Policy. … suffering diminished mental capacity at the time of the shooting, we conclude that the lay average insurance purchaser would consider a double homicide committed by a sane person under the circumstances of this case to qualify

State v. Sandoval

249 P.3d 1015 · Washington Supreme Court · Mar 17, 2011

To establish the plea was involuntary or unintelligent because of counsel's inadequate advice, the defendant must satisfy the familiar two-part Strickland v. … An offense qualifies as "an aggravated felony if and only if the 'full range of conduct' covered by it falls within the meaning of that term." United States v.

In Re Detention of Berry

248 P.3d 592 · Court of Appeals of Washington · Mar 7, 2011

which encompasses both less commonly encountered paraphilias and those not yet sufficiently described to merit formal inclusion in the DSM-III-R." [21] The DSM-IV-TR provides a number of examples of paraphilia NOS, but clearly … McVey, 196 Ariz. 470 , 1 P.3d 113, 123 (2000) (" Frye is inapplicable when a qualified witness offers relevant testimony or conclusions based on experience and observation about human behavior for the purpose of explaining

Dep't of Labor & Indus. v. Tradesmen Int'l, LLC

Washington Supreme Court · Oct 28, 2021

“Employer” is not clearly defined under WISHA. See RCW 49.17.020(4). … Laborworks clearly qualifies as a joint employer. But in my view, Tradesmen too was appropriately cited because it had constructive knowledge of the violations.

In Re Farina

972 P.2d 531 · Court of Appeals of Washington · Apr 13, 1999

Therefore, the controlled substance registration and penalty provisions of RCW 69.50 clearly do not apply. … Fortunately, RCW 18.64.011 qualifies its definitions with the saving language, "[u]nless the context clearly requires otherwise...." Here, the context clearly does require otherwise to avoid absurdity. State v.

State v. Wittenbarger

124 Wash. 2d 467 · Washington Supreme Court · Sep 8, 1994

The defense agrees that certificates of working order under section (c)(1) are clearly discretionary and need only be used when there is no live testimony. … were used in testing they were correct and correctly used, (3) that the operator was qualified and performed the test correctly, and (4) that the results are accurate.

City of Bellevue v. Community Council

983 P.2d 602 · Washington Supreme Court · Sep 9, 1999

RCW 35.14 provides that a community council elected by qualified voters residing within the service area governs a community municipal corporation. RCW 35.14.020. … This record plainly establishes that while the Community Council may have misconceived its role under RCW 35.14.040 to some extent, in that it sought to show the City's actions were improper, its decision clearly was not

State v. Rudolph

168 P.3d 430 · Court of Appeals of Washington · Oct 2, 2007

proved these convictions, and (2) they were clearly comparable to at least one Washington "strike" offense for POAA purposes. … Blakely and Apprendi are grounded in the United States Constitution's Sixth Amendment and establish a defendant's minimum jury trial right.

Reyes v. Chilton

District Court, E.D. Washington · Nov 12, 2021

Except as otherwise provided in 13 this order, or as otherwise stipulated or ordered, disclosure or discovery material 14 that qualifies for protection under this order must be clearly so designated before or 15 when … If only a 20 portion or portions of the material on a page qualifies for protection, the producing 21 1 party also must clearly identify the

State v. Pugh

225 P.3d 892 · Washington Supreme Court · Dec 31, 2009

The statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted. Statements of this type do not implicate the state confrontation clause. … Id. at 827 , 126 S.Ct. 2266 . ¶ 76 The standard established in Davis is clearly based on objective criteria. Id. at 822, 827 , 126 S.Ct. 2266 .

Casco Co. v. Public Utility District No. 1

37 Wash. 2d 777 · Washington Supreme Court · Jan 5, 1951

It must be clearly understood, however, that when a statute is attacked because of duality or plurality, the attack is upon the body of the act, not simply upon the caption. … purchasers; and to establish rates which shall not be subject to regulation by the department of public utilities.

Panag v. Farmers Ins. Co. of Washington

166 Wash. 2d 27 · Washington Supreme Court · Apr 2, 2009

is instructive as to practices that, while not specifically prohibited by the CAA, are so much like the proscribed conduct that they fall within the broader scope of the CPA. [12] This is not a case where the legislature clearly … A plaintiff must establish each element to bring a successful CPA claim.

State v. Rodriguez

146 Wash. 2d 260 · Washington Supreme Court · May 2, 2002

The witness in this case, while clad in clothing clearly denoting guilt and his status as a prisoner, testified to a criminal association with the defendant. … The government witness in Brooks had been granted immunity and was serving a sentence for two convictions unrelated to the defendant.

In Re Boelter

985 P.2d 328 · Washington Supreme Court · Oct 7, 1999

[t]o establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client." RPC 1.6(b)(2) (emphasis added). … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

White v. State

929 P.2d 396 · Washington Supreme Court · Jan 9, 1997

Today it is clearly established that a State may not discharge or otherwise discipline an employee on a basis that infringes upon that employee's constitutionally protected interest in freedom of speech. Rankin v. … Because we hold that the civil rights claim was properly dismissed, we do not reach the State's issue on qualified immunity.

Belas v. Kiga

959 P.2d 1037 · Washington Supreme Court · Jul 30, 1998

Property that does not qualify for a limited valuation would be taxed at full market value on the basis of ratios that compensate for the limited values on other properties. … Qualifying multi-unit housing in urban centers with insufficient housing can obtain a 10-year exemption for the value of construction, conversion or rehabilitation.

City of Sumner v. Walsh

61 P.3d 1111 · Washington Supreme Court · Jan 23, 2003

If a city chooses to establish a curfew that does not simply make it unlawful for a juvenile to be in a public place after curfew hours, with no exceptions, it must establish the line between conduct that does not fall under … A juvenile may move about freely at night accompanied by a parent or qualified adult.

State v. Mayfield

192 Wash. 2d 871 · Washington Supreme Court · Feb 7, 2019

ANALYSIS ¶ 12 It is well established that article I, section 7 often provides broader protections than the Fourth Amendment. … CP at 20. ¶ 64 Mayfield's consents to the two searches were also not independent acts of free will sufficient to establish a superseding cause.