Case law

Mota v. State

114 Wash. 2d 465 · Washington Supreme Court · Mar 29, 1990

Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. … The amendment clearly affects the substantive right to good-time credit. The change in the language of the provision is material.

State Of Washington v. Cristian Delbosque

430 P.3d 1153 · Court of Appeals of Washington · Dec 4, 2018

Schreiber testified that Delbosque was currently classified as medium security and would qualify for minimum security except for the term of his sentence and an immigration detainer. … Heavin’s testimony clearly establish that the diminished culpability of youth relates to juveniles underdeveloped executive brain functioning, including increased risk taking, failure to appreciate consequences and responsibility

Chuckanut Conservancy v. Department of Natural Resources

156 Wash. App. 274 · Court of Appeals of Washington · May 24, 2010

. ¶24 The agency conducts a threshold process to decide whether an action qualifies as a major action significantly affecting the quality of the environment. 17 The agency considers mitigation measures the applicant will … We review the agency action, not the decision of the superior court. 22 A threshold determination that an EIS is not required is reviewed under the “clearly erroneous” standard. 23 A court will overturn a DNS only when “

Ellis v. WM. PENN LIFE ASSUR. CO. OF AMERICA

124 Wash. 2d 1 · Washington Supreme Court · May 26, 1994

WAC 284-23-400 through -460 establish the purpose of the regulations and the duties of insurers and their agents and brokers. … His insurance application stated that he was not seeking replacement insurance, even though the record demonstrates clearly that this was his purpose. Mrs.

Hillis v. State, Dept. of Ecology

932 P.2d 139 · Washington Supreme Court · Mar 6, 1997

(c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law.... … Nor should we immunize state government from the natural consequences of its lawlessness. Governmental immunity has been abolished by statute. See RCW 4.92.090; 4.96.010.

Densley v. Department of Retirement Systems

173 P.3d 885 · Washington Supreme Court · Nov 15, 2007

He later established retroactive membership in PERS 1 to May 1977. … One clearly appears broader than the other.

State v. Tibbles

236 P.3d 885 · Washington Supreme Court · Aug 5, 2010

The State has not met its burden to establish exigent circumstances. … For example, two of the factors are clearly inapplicable here: "`that there is strong reason to believe that the suspect is on the premises" and "the entry [can be] made peaceably."

Chellew v. White

127 Wash. 382 · Washington Supreme Court · Dec 10, 1923

It is enough for present purposes to observe that the testator, by language used in his will, gave to trustees certain discretionary power looking to their establishing and maintaining a dispensary for indigent persons, with … Having refused to qualify as executors, they never became accountable for any portion of the estate to be applied in charity or otherwise.

Derrick v. State of Washington

District Court, W.D. Washington · May 9, 2024

Derrick does not allege any conduct that falls 16 outside the scope of that immunity or dispute the applicability of prosecutorial immunity in his 17 objections. See generally Dkt. No. 8; see also Dkt. … For that reason, any amended complaint 23 must clearly identify the defendant(s), the claim(s) asserted, the specific facts that Mr.

Cotton v. City of Elma

100 Wash. App. 685 · Court of Appeals of Washington · Apr 21, 2000

The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. … Clearly the City Council was deciding whether to confirm Cotton on a temporary basis.

Sumas Mountain Comm For Landslide Awareness v. Wa State Forest Practices Brd

Court of Appeals of Washington · Oct 29, 2018

The court issued a memorandum decision in which it stated that the State Supreme Court's opinion in WEA established a narrow definition of "agency action," and the Board Manual did not qualify because it was an "advisory … A de facto rule is thus not immune from judicial review.

Williams v. Bunker Hill & Sullivan Mining & Concentrating Co.

190 F. 79 · U.S. Circuit Court for the District of Eastern Washington · Aug 3, 1911

The rule is well established that every servant assumes certain risks incident to his employment, and the application of that rule to the facts of this case is all that remains. As said by the court in Butler v. … All of these facts he admitted on cross-examination, but qualified them to this extent on redirect: “Q. Williams, what knowledge did you have of the danger of touching that wire with the hose? A.

Hu v. Munita

District Court, W.D. Washington · May 6, 2020

Gibbs is clearly and accomplished and skilled 5 immigration attorney, with substantial experience handling naturalization actions. Dkt. # 6 26-1 at 7. … This Court’s standing order clearly requires parties to 11 meet and confer with the opposing party prior to filing any motion.

Dodge v. Scripps

179 Wash. 308 · Washington Supreme Court · Nov 15, 1934

This *311 central office was established at Oakland, California, where it Was maintained until 1930, when it was removed to Seattle. … Newspapers are not immune from the current business depression. The same proportion of net profits, however, are now being declared as dividends as in years past.

In Re the Disciplinary Proceeding Against Petersen

120 Wash. 2d 833 · Washington Supreme Court · Feb 25, 1993

A: I think it was established as a condition of diversion that Mr. Petersen be seen twice a month. … Keyser qualifies as an expert under ER 702 for his testimony in this case.

Johns v. Arizona Fire Insurance

76 Wash. 349 · Washington Supreme Court · Nov 3, 1913

The Pioneer Company, in pursuance of this contract, turned over bonds of a par value of $26,200, and on June 9, 1911, Bridgeford, who in the meantime had been appointed and qualified as receiver of the Pioneer Company, paid … But, in an unbroken line of decisions, we have held that, even on a trial de novo, the findings of the trial judge are entitled to great weight, and will not be disturbed when based upon conflicting evidence unless clearly

Andrews v. Del Guzzi

56 Wash. 2d 381 · Washington Supreme Court · Jun 23, 1960

Appellants first contend that there is no evidence or reasonable inference from the evidence sufficient to sustain any claim of negligence. [1] The evidence clearly establishes the fact that defendants Schmitt had nothing … Items which qualify as exceptions to the general rule have been limited by the courts to those having known dangerous propensities, such as dynamite, gunpowder, dynamite caps, and firearms.

In Re Coates'estate

55 Wash. 2d 250 · Washington Supreme Court · Dec 17, 1959

On December 11, 1952, upon appellant's petition, the will was admitted to probate in the superior court for Grays Harbor county, and appellant qualified to act as executor. … At this hearing, the court also permitted respondent to testify regarding events which occurred before appellant was appointed and had qualified as executor.

Cascade Floral Products, Inc. v. Department of Labor & Industries

142 Wash. App. 613 · Court of Appeals of Washington · Jan 15, 2008

Moving for summary judgment, the Companies argued that brush picking is not an “agricultural activity,” nor does it qualify as “forestation or reforestation” under the Act. … The ejusdem generis rule applies where lists of both general and specific terms are clearly associated in a sentence. Sw. Wash. Chapter, Nat’l. Elec. Contractors Ass’n, 100 Wn.2d at 116-17 .

R.B. v. C.W.

188 Wash. App. 799 · Court of Appeals of Washington · Jul 7, 2015

Because CW is TAW’s biological parent, he clearly had standing and a statutory right to participate in the termination proceedings and this appeal. … shall apply.” 25 U.S.C. § 1912 (f) states, “No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified