Case law

Commonwealth v. Bane

39 Pa. D. & C. 664 · Washington County Court of Quarter Sessions · Nov 25, 1940

This constitutional privilege and immunity protects all persons, whether parties accused in the cause or mere witnesses, from being compelled to give self-incriminating testimony. … This, too, was clearly erroneous, since each day’s violation constituted a distinct offense: Commonwealth v. Bartilson et al., 85 Pa. 482 ; Commonwealth v. Chirico et al., 117 Pa. Superior Ct. 199 ; Commonwealth v.

Woodinville Water District v. King County

105 Wash. App. 897 · Court of Appeals of Washington · Apr 16, 2001

The examiner reversed the grant of the conditional use permit, concluding that the District’s existing facilities and operations did not qualify as legally established nonconforming uses. … That court reversed the hearing examiner’s decision, concluding that the District’s existing operation became established as a legal nonconforming use under zoning regulations in effect at the time that the conditional use

Seaway Properties, LLC v. Fireman's Fund Insurance

16 F. Supp. 3d 1240 · District Court, W.D. Washington · Apr 22, 2014

limitations on one who qualifies as an additional insured via the portion of the clause that precedes the phrase. … Rather, the accident in question clearly arose out of [the lessor's own failure to maintain the pathway from the parking lot to the employee entrance.

State v. Guizzotti

60 Wash. App. 289 · Court of Appeals of Washington · Jan 17, 1991

The trial court admitted the tape, over Guizzotti's objection, concluding that it qualified under the excited utterance exception to the hearsay rule, ER 803(a)(2). The tape was thereafter played for the jury. … Rights conferred by the sixth amendment to the United States Constitution require that a criminal defendant be permitted to adequately cross-examine an essential state witness as to relevant matters which tend to establish

State v. MacReady

32 Wash. App. 928 · Court of Appeals of Washington · Sep 15, 1982

The qualifying language, added to the inference instruction, could, in some cases, emphasize the fact that there is no evidence to explain a defendant's intent when unlawfully entering or remaining in a building. … It is clearly constitutional. State v. Bennett, 20 Wn. App. 783 , 582 P.2d 569 (1978).

State v. Nava

177 Wash. App. 272 · Court of Appeals of Washington · Oct 22, 2013

Now, that affects whether or not she has — she’s telling us now that it may affect her ability to have all the events clearly laid out. … Both women sometimes characterized themselves as having been truthful, and neither ever clearly recanted what they had said.

In re the Personal Restraint of Dalluge

152 Wash. 2d 772 · Washington Supreme Court · Nov 4, 2004

Thus, Dalluge has established that his appellate counsel failed to raise a meritorious issue. See Maxfield, 133 Wn.2d at 344. … The dissent seems to ignore this provision, which clearly requires waiver not only by the parties and their counsel but also by the juvenile court.

In Re Personal Restraint of Crawford

209 P.3d 507 · Court of Appeals of Washington · Jun 10, 2009

The Crawford court further held that although Crawford established that trial counsel's performance was deficient, Crawford failed to establish prejudice. … Whether additional information from the Kentucky criminal file could more clearly demonstrate comparability is unknown. In a similar case heard on appeal, State v.

State v. Waters

93 Wash. App. 969 · Court of Appeals of Washington · Feb 11, 1999

Waters to 24 months, an exceptional sentence, on the ground the standard range was clearly too lenient in light of Mr. Waters’ extensive unscored misdemeanor history. … DISCUSSION Affidavit of Prejudice Any party may establish prejudice by motion, supported by affidavit, that the judge before whom an action is pending is prejudiced.

Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC

155 Wash. App. 643 · Court of Appeals of Washington · Apr 26, 2010

They include Freestone Low Volatility Qualified Partners LP, Freestone Capital Qualified Partners LP, Freestone Low Volatility Partners LP, and Freestone Capital Partners LP (collectively Freestone). … on the same underlying allegations that we discussed with respect to subject matter jurisdiction. ¶92 A court will give words in a contract their ordinary, usual, and popular meaning unless the entirety of the agreement clearly

United States v. Newmont USA Ltd.

504 F. Supp. 2d 1050 · District Court, E.D. Washington · Aug 21, 2007

I). 1 No Congressional action was taken to establish this Reservation. … Title is important, but it is merely one factor in establishing CERCLA ownership liability in a fiduciary.

Garbrick v. Franz

13 Wash. 2d 427 · Washington Supreme Court · May 2, 1942

Oliver, supra, was clearly a case of that kind. … We know of no reason, and none has been suggested, why one denying a contract of lease is more immune from the' broad principle of equitable estoppel than one who denies any other contract.

Mallgren

District Court, E.D. Washington · Oct 21, 2025

The Court may, therefore, dismiss a claim as frivolous where it is based on 2 an indisputably meritless legal theory or where the factual contentions are clearly 3 baseless. … The Complaint thus fails to provide any factual basis 10 upon which a claim could rely. 11 Second, the Complaint fails to establish any logical connection between the

Lundy v. Pierce County Sheriff's Department

District Court, W.D. Washington · Feb 27, 2023

Cnty. of Tulare, 666 F.3d 631, 637 (9th Cir. 2012). 26 4 The Pierce County defendants asserted for the first time in reply that they were entitled to qualified immunity. … 28 ORDER GRANTING IN PART THE 1 Baker opened the doors of the cabinet: Jacob’s face and arms were clearly

Price v. State

96 Wash. App. 604 · Court of Appeals of Washington · Jul 16, 1999

The cause of action accrued regardless of whether they knew that these facts established a legal cause of action. Allen, 118 Wn.2d at 758 . … Clearly, the Prices knew in 1989, when DSHS disclosed the 16 additional pages, that in 1981 DSHS did not disclose all of C.’s health history.

Pederson's Fryer Farms, Inc. v. Transamerica Insurance

83 Wash. App. 432 · Court of Appeals of Washington · Sep 6, 1996

The amount Pederson’s expended for cleanup was clearly established at trial through introduction of the bills it received and paid. The amount expended to clean up the contamination was a sum certain. … Clearly, International Ins. did not overrule Olympic S.S.

Ameriquest Mortgage Co. v. Office of Attorney General

177 Wash. 2d 467 · Washington Supreme Court · May 9, 2013

Ctr., 94 Wn.2d 559, 567-68 , 618 P.2d 76 (1980) (burden shifts to the party seeking disclosure to establish that the exemption is clearly unnecessary). 3. … Moreover, the AGO’s request did not qualify as a CID under the CPA’s requirements.

Montano v. State of Washington Department of Health

District Court, W.D. Washington · May 19, 2025

Reporting on public health advisories issued by 14 governmental authorities such as the Spokane Regional Health District (“SRHD”) and the 15 Washington Department of Health certainly qualifies as an exercise of freedom … Id. 7 KREM-2 News Defendants argue their reports on the public health advisories concerning 8 Plaintiff’s dental practice qualify for the fair report privilege because

State v. Herzog

73 Wash. App. 34 · Court of Appeals of Washington · Mar 25, 1994

The affidavit also established probable cause to search Herzog’s truck. … The affidavit established probable cause to search Herzog’s room.

Brister v. Tacoma City Council

27 Wash. App. 474 · Court of Appeals of Washington · Oct 21, 1980

The planning department denied the application on the basis that it was inconsistent with policies previously established by Tacoma's land use management plan. … Paragraphs 3 and 5 of the 1976 judgment clearly indicate the trial court's asserted reservation of jurisdiction over the entire project, but paragraph 3(c) specifically declares that the property shall be developed in accordance