Case law

State v. Crider

78 Wash. App. 849 · Court of Appeals of Washington · Aug 1, 1995

Clearly, in this case we have repeated offenses where Mr. Crider, in effect, preyed upon young girls 13, 14 years old, defenseless both by their physical stature and their emotional development. Clearly used threats. … How many of these were statutory rapes cannot be ascertained because the record lacks precise data regarding ages, but at least five of these contacts potentially qualify as rapes. Mr.

Nelson v. National Fund Raising Consultants, Inc.

120 Wash. 2d 382 · Washington Supreme Court · Dec 17, 1992

First, DeShazer's argument about the timing of the Nelsons' knowledge is not clearly supported by the record. … Violation of the Franchise Act does not automatically establish a violation of the Consumer Protection Act.

De La Fuente v. Wyman

District Court, W.D. Washington · Jan 23, 2020

Plaintiff did not pay the fee, and the 7 Washington Republican Party refused to certify that he was qualified to appear on the 8 primary ballot in the State. … Balance of Equities 13 It should be noted that Plaintiff and his counsel have previously filed an 14 “emergency” motion without clearly identifying any actual emergency

Heller Bldg., LLC v. City of Bellevue

194 P.3d 264 · Court of Appeals of Washington · Oct 27, 2008

This was based on the court's incorrect conclusion that because the City approved HBL's changes, none of the work could be considered outside the scope of the permit. ¶ 42 Here, in order to show that its project still qualified … Therefore, HBL has not met its burden of establishing that it is entitled to relief under LUPA. *274 3.

State v. Eckblad

98 P.3d 1184 · Washington Supreme Court · Oct 14, 2004

In February 2003, a state patrol officer saw a seat belt dangling in the window of a traveling 1982 pickup truck, near the head of a clearly unseat-belted passenger. … We caution that we do not hold that the statute is immune from a future due process challenge. It may be unconstitutionally vague as applied to a different case. Cf.

State of Washington v. Joshua Michael Barnes

196 Wash. App. 261 · Court of Appeals of Washington · Oct 6, 2016

Barnes includes a doll in the driver's seat would also qualify for theft of a motor vehicle ifwe literally read RCW 46.04.320 and .670. … Barnes parent's immunity from actions brought by a child arising out of the "operation of a motor vehicle."

Rupe v. Wood

863 F. Supp. 1315 · District Court, W.D. Washington · Sep 19, 1994

Second, he must establish that he was prejudiced by counsel’s deficient performance. … Petitioner has established by credible expert testimony , that reasonable, qualified polygraph experts could differ on the validity of the Yovetich polygraph results.

State Geoduck Harvest Ass'n v. State Dnr

101 P.3d 891 · Court of Appeals of Washington · Nov 30, 2004

DNR implements an established auction process under which geoduck harvesters must comply with numerous requirements prior to and after successfully bidding on harvesting rights. … But the statutes clearly separate the obligations of DFW and DNR. Chapter 77.04 RCW establishes the responsibilities of DFW.

State v. Womack

4 Wash. 19 · Washington Supreme Court · Mar 7, 1892

Leach was a duly appointed, qualified and acting member of the state board of education for the State of Washington, and was then and there engaged with the said board of education in holding the first regular meeting in … must be construed in connection with a subsequent section, which provides that the indictment is sufficient if “among other qualifications it can be understood therefrom that the act or omission charged as the crime is clearly

Taylor v. Enumclaw School District No. 216

133 P.3d 492 · Court of Appeals of Washington · May 1, 2006

Lopez have not extended its holding to each component of the educational process. [19] Although participation in extracurricular activities, including sports, clearly supplements and enriches a student's educational experience … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Jubitz Corporation v. State Department of Revenue

Court of Appeals of Washington · Aug 6, 2024

Jubitz issued fuel cards to qualified customers that allowed the customers to obtain fuel both at Jubitz stations and at other fueling stations in the Pacific Pride/CFN networks. … Jubitz Fuel Cards Jubitz issued fuel cards to certain qualified customers.

Video Software Dealers Ass'n v. Maleng

325 F. Supp. 2d 1180 · District Court, W.D. Washington · Jul 15, 2004

All of the games provided to the Court for review are expressive and qualify as speech for purposes of the First Amendment. … The Court finds that the games at issue are expressive and *1185 qualify for the protections of the First Amendment.

In Re Parentage of LB

89 P.3d 271 · Court of Appeals of Washington · May 3, 2004

Borst, 41 *280 Wash.2d 642, 657, 251 P.2d 149 (1952) (limiting the doctrine of parent-child immunity); Freehe v. … Freehe, 81 Wash.2d 183, 189 , 500 P.2d 771 (1972) (abolishing the old rule of interspousal tort immunity and commenting on the courts right to do so).

State Of Washington, V. Eric Emil Leer

561 P.3d 761 · Court of Appeals of Washington · Dec 30, 2024

raise Frye before the trial court. 18 “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … This exchange demonstrates Leer was clearly aware that Frye principles were implicated in his challenge to the admissibility of the results from the 2022 blood test, but rather than proceeding through well-established procedures

State Ex Rel. Holcomb v. Armstrong

39 Wash. 2d 860 · Washington Supreme Court · Jan 10, 1952

Her right to do so should be safeguarded if not clearly inimical to the general public interest. … Acknowledging our own lack of qualifications to express an opinion in the field of materia medica, we must nevertheless place in proper perspective the opinions of those who are so qualified.

Pitell v. King Cnty. Pub. Hosp. Dist. No. 2

423 P.3d 900 · Court of Appeals of Washington · Aug 13, 2018

At the time, he was uninsured and did not qualify for Medicare or Medicaid. … It includes over 16,000 line items that establish the standard charge for each service.

Citizens for Fair Share v. Department of Corrections

117 Wash. App. 411 · Court of Appeals of Washington · Jul 1, 2003

Citizens replies that its complaint adequately gave the Department notice of the general nature of its claim — that the Department deprived it of “rights, privileges, and immunities” under the state and United States constitutions … Accordingly, the Department clearly violated this section of the PDA, RCW 42.17.310(4), and the trial court erred in granting summary judgment to the Department on this PDA claim. See Nast v.

Rogers v. Washington Department of Corrections

District Court, W.D. Washington · May 19, 2021

“at any time if the [C]ourt determines” that the action: (a) “is frivolous or malicious”; (b) 22 “fails to state a claim on which relief may be granted”’ or (c) “seeks monetary relief 23 against a defendant who is immune … a claim under 42 U.S.C. § 1983, a complaint must allege: (1) the 19 conduct complained of was committed by a person acting under color of state law, and 20 (2) the conduct deprived a person of a right, privilege, or immunity

Helman v. Sacred Heart Hospital

62 Wash. 2d 136 · Washington Supreme Court · May 9, 1963

Concerning the accuracy and definitive quality of the results obtained from the two types of tests, different viewpoints were expressed by competent and well-qualified witnesses. … Before the hypothetical question was propounded to him, it was clearly established that Mr. Klotz was competent to express a professional, scientific opinion on the pertinent subject matter in issue.

Fischer-McReynolds v. Quasim

6 P.3d 30 · Court of Appeals of Washington · Aug 11, 2000

To establish a prima facie case of a failure to accommodate, Fischer-McReynolds must show that (1) she is handicapped, [3] (2) she is qualified to fill a vacant position with her employer, and (3) her employer failed to reasonably … Fischer-McReynolds clearly was alleging violations of civil service statutes and regulations. Thus, she could not seek remedies in superior court until she first pursued available administrative remedies.