Case law

State v. Rudolph

141 Wash. App. 59 · Court of Appeals of Washington · Oct 2, 2007

Historically, the State was required to prove to a jury beyond a reasonable doubt that the defendant to be sentenced under a recidivist *74 statute was the person who was previously convicted of statutorily qualifying offenses … Blakely and Apprendi are grounded in the United States Constitution’s Sixth Amendment and establish a defendant’s minimum jury trial right.

Williams v. Lawson

District Court, W.D. Washington · Oct 30, 2024

Castro, 833 F.3d at 1067 (considering a jury’s verdict and qualified immunity on a 13 Fourteenth Amendment claim). … Qualified Immunity 22 Because the Eighth Amendment claims fail on their merits, the Court does reach the 23 question of qualified immunity.

Strickland v. State of Washington Seattle Central College

District Court, W.D. Washington · Dec 31, 2019

are entitled to qualified immunity).) 19 3 (See id. §§ V.C (arguing that Seattle Central is entitled to summary judgment on Ms. … Strickland must first establish a 19 prima facie case of discrimination. Odima, 991 F.2d at 599. To establish such a case, 20 Ms.

Knapke v. PeopleConnect Inc

District Court, W.D. Washington · Aug 10, 2021

, 3 Inc., 570 F.3d 1096, (9th Cir. 2009)). 4 “The prototypical service qualifying for [CDA] immunity is an online messaging board 5 (or bulletin board) on which Internet subscribers … In this 22 context, Classmates is the content creator and not entitled to immunity under the CDA.

Villegas v. Nationstar Mortg., LLC

444 P.3d 14 · Court of Appeals of Washington · Jun 20, 2019

Villegas's failure to establish that Nationstar's bad faith caused him any injury. Villegas appeals. … Lichty , 62 Wash. 656 , 659, 114 P. 518 (1911) ("But, if we assume that the note was not in [the defendant's] actual possession, it was clearly under his control, and therefore constructively in his possession.").

United States v. State of Washington

459 F. Supp. 1020 · District Court, W.D. Washington · Jun 30, 1978

Because the findings of the Master are not clearly erroneous, and are based upon substantial evidence clearly sufficient to establish a prima facie showing of treaty entitlement in the Nooksack Tribe, the court has approved … This court will not, in the exercise of its continuing jurisdiction in this case, entertain any application for interference with on-reservation treaty-right Indian fishing, excepting only (a) when it is clearly established

Dorothy A. Millican v. N.a. Degerstrom Inc.

Court of Appeals of Washington · Nov 15, 2013

Lafayette and Degerstrom, for any WISHA violation established by the evidence, it is irrelevant. … Emotional dependency alone will not qualify parents for second-tier beneficiary status. Id.

Clough v. Monro

86 Wash. 507 · Washington Supreme Court · Aug 5, 1915

It was clearly assumed, on both sides throughout the trial, that the defendant was the legally acting guardian. … That decision is clearly correct.

Bernsen v. Big Bend Electric

68 Wash. App. 427 · Court of Appeals of Washington · Mar 2, 1993

Michael Bernsen did not qualify as a new member [of the cooperative]". Michael Bernsen offered to pay the entire cost of the power line extension in advance of installation. … Michael Bernsen contends the unrefuted testimony established its cost at $61,921, not $75,000.

Schuller v. Eastern Washington University

District Court, E.D. Washington · Feb 27, 2025

Schuller’s procedural due process claim, and assert Ms. 18 Hickey is entitled to qualified immunity. They have not moved for summary 19 judgment on Ms. … Hickey is entitled to 19 qualified immunity.

City Of Issaquah, V. Westridge-issaquah Ii Lp

500 P.3d 157 · Court of Appeals of Washington · Dec 6, 2021

The development agreement herein, which was entered into in June 1996, established a build-out period of 20 years: A “Buildout Period” of twenty (20) years following first final plat approval is established … The court therein reasoned that a transportation impact fee did not qualify as a “land use control ordinance” because it neither limited the use of land nor resembled a zoning law: The right that vests, according

State v. Tulee

7 Wash. 2d 124 · Washington Supreme Court · Jan 13, 1941

This was clearly recognized in United States v. Winans, 198 U. … They have no higher sanctity; and no greater inviolability or immunity from legislative invasion can be claimed for them.

State v. Rodriquez

187 Wash. App. 922 · Court of Appeals of Washington · Jun 1, 2015

The second definition more clearly communicates the reality that, in the strangulation context, a person’s breathing or blood flow is obstructed in degrees, not discrete intervals. … Evidence adduced at trial established that Rodriquez grabbed Hendon by the throat and forcefully squeezed it.

King County v. Squire Investment Co.

59 Wash. App. 888 · Court of Appeals of Washington · Jan 18, 1991

The authorities and cases discussed above clearly support construing the Squire deed as an easement. In Veach v. … The court qualified the general rule, however, by holding that it is rebutted when "a deed refers to the right of way as a boundary but also gives a metes and bounds description of the abutting property".

United States v. Hegge

636 F. Supp. 119 · District Court, E.D. Washington · Apr 1, 1986

Hegge’s alleged and established criminal activity involving at least two murders. Evidence of those murders and the other criminal activity of Mr. … The reasons for this rule are clearly set forth in Gannett.

State v. Darden

145 Wash. 2d 612 · Washington Supreme Court · Mar 7, 2002

Although it may be that some communications between civilians and law enforcement surrounding a surveillance operation might qualify as privileged, it is absurd to claim a location per se is communication. … Although most evidentiary privileges in Washington are statutory, this court does have the power to recognize a privilege when doing so is clearly warranted. Maxon, 110 Wn.2d at 569 .

State v. Wallin

125 Wash. App. 648 · Court of Appeals of Washington · Feb 7, 2005

Wallin frequented the establishment, lingering to chat with the girl, and bringing her cards and gifts. … The court sentenced Wallin to life without the possibility of parole, finding that because of his 1994 conviction, the current convictions qualified him as a persistent offender. ¶11 Wallin appeals.

Perkins v. United States

District Court, W.D. Washington · May 7, 2024

Perkins “desires an opportunity to obtain training 21 in areas he feels he is not fully qualified in. [Mr. … The FTCA, the statute upon which this case is brought, is a limited waiver of 6 sovereign immunity. See 28 U.S.C. § 1346 (b).

In Re Estate of Nikiporez

19 Wash. App. 231 · Court of Appeals of Washington · Feb 8, 1978

It is clearly not within the power of the legislature to prescribe a set form and require its use in every instance, and, in our opinion, it has not attempted to do so. … Hewett, 358 P.2d 579, 581 (Alaska 1961), 8 for the proposition that: [I]f no support were being furnished at the time of death, and if there were then no obligation to render support, the surviving spouse is not a widow qualified

Fluke Corp. v. Hartford Accident & Indemnity Co.

145 Wash. 2d 137 · Washington Supreme Court · Nov 21, 2001

The insurance provision is clear and the type of coverage well established, and the only Washington case that has considered such coverage accepted its validity. … Given the clarity of that promise, the trial court focused on the qualifying phrase “because of. . . injury. . . arising out of. . .