Case law

State v. Gore

21 P.3d 262 · Washington Supreme Court · Apr 6, 2001

A few courts have qualified use of the product rule. Smith v. … Krane, "clearly establishes that there are no real issues as to the acceptance" of polymarker testing. Oct. 16, 1996 VRP at 15 (Judge's decision on admissibility); see Oct. 10, 1996 VRP at 113-14.

Smith v. American Mail Line, Ltd.

361 F. Supp. 1110 · District Court, W.D. Washington · Jul 10, 1973

The evidence clearly negated any reference of wrongdoing on Thompson’s part. There was evidence corroborating the allegation of Medina’s homosexuality. … A man, on the other hand, may be eminently qualified in all respects as a crew member, and yet be provoked to assault by the wrongful conduct of his victim. 4. Conclusion.

In Re the Personal Restraint of McNeal

99 Wash. App. 617 · Court of Appeals of Washington · Mar 6, 2000

Under subsection (8)(a)(ii)(A), if the offender qualifies for the special sex offender sentencing alternative, the court must place the offender on community custody for the length of a suspended sentence or three years, … We conclude that, although the Legislature clearly meant to characterize community custody revocation hearings as inmate disciplinary proceedings, giving DOC authority to conduct the hearings and impose sanctions on individuals

In Re Larson's Estate

200 Wash. 318 · Washington Supreme Court · Aug 25, 1939

On June 13th, the Yakima First National Bank qualified as executor and the will was admitted to probate. … There is a complete failure of proof of an essential element to establish the charge of fraud; that is, that the facts were concealed from Mrs.

State v. Burke

163 Wash. 2d 204 · Washington Supreme Court · Mar 13, 2008

We can discern nothing in the policy of the law against self-incrimination which would require the extension of immunity to any trial or to any tribunal other than that in which the defendant preserves it by refusing to testify … A suspect must clearly articulate his desire to have counsel present such that a reasonable police officer under the circumstances would understand the statement to be a request for an attorney. Id.

State v. Walker

129 Wash. App. 258 · Court of Appeals of Washington · Aug 29, 2005

Washington, the United States Supreme Court established a rule barring admission of testimonial hearsay absent witness unavailability and a prior opportunity to cross-examine with regard to the statement. 11 Because it was … [as interrogation] under any conceivable definition.” 16 And in a subsequent case, the United States Supreme Court found that “police questioning during a Terry stop qualifies as an interrogation,” and that “responses to

In re Pers. Restraint of Ali

196 Wash. 2d 220 · Washington Supreme Court · Sep 17, 2020

Under either test proffered to demonstrate a significant change in the law, Houston-Sconiers qualifies. 2. Materiality Houston-Sconiers is material to Ali’s case. … Ali has established actual and substantial prejudice, and his PRP is granted.

King County v. King County Water Dists.

Washington Supreme Court · Dec 5, 2019

The water-sewer districts argue that they are immune from the alleged tax under the governmental immunity doctrine. Dists.' Resp. Br. at 15-16. … An example of a statute that clearly limits a municipality's power to charge franchise compensation is RCW 35.21.860.

In Re The Detention Of: Darnell Mcgary

Court of Appeals of Washington · Jul 2, 2013

The "general acceptance" 3 consideration is clearly based on Frye. State v. … To establish prosecutorial misconduct, the defendant must establish that the prosecutor's conduct was improper. State v.

State v. Bowman

36 Wash. App. 798 · Court of Appeals of Washington · Mar 5, 1984

Bowman does not question that the evidence establishes that Mrs. … Our record here, unlike that in Boykin , is clearly not a "silent record."

Rawson v. Recovery Innovations, Inc

District Court, W.D. Washington · Sep 20, 2022

If the 20 nonmoving party fails to establish the existence of a genuine issue of material fact, “the 21 moving party is entitled to judgment as a matter of law.” … expressing a similar sentiment: 6 A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified

Marine Carpenters Pension Fund v. Puglia Marine, LLC

382 F. Supp. 3d 1134 · District Court, W.D. Washington · Apr 10, 2019

As registered businesses, these entities qualify as "trade[s] or business[es]" under § 1301(b)(1) for obvious reasons. … First, even if the Court were to adopt the exception applied in the Fifth and Seventh Circuits, the Control Group would not qualify because the Funds' claims are not frivolous.

Ago

Washington Attorney General Reports · May 3, 2006

As you noted in your letter, the Court of Appeals recently held, in an unpublished decision, that a parole officer taking purely supervisory or administrative actions is not protected by quasi-judicial immunity and, based … Here, Canron and Austin clearly spelled out their allocation of responsibilities. It is not for this court to frustrate such a planning device. McDowell, 105 Wn.2d at 196 .

International Ultimate, Inc. v. St. Paul Fire & Marine Insurance

122 Wash. App. 736 · Court of Appeals of Washington · Apr 5, 2004

Although he explains that he reviewed the documents and made copies from the originals, he does not establish personal knowledge. … Without the arbitration award and subsequent transfer to Moskam, the barratry would clearly have been the loss.

State of Washington v. Ismael M. Tarango

434 P.3d 77 · Court of Appeals of Washington · Jan 31, 2019

A Terry investigative stop is a well- established exception. State v. Gatewood, 163 Wn.2d 534, 539, 182 P.3d 426 (2008). … immunity.

Reed v. Great Northern Railway Co.

126 Wash. 312 · Washington Supreme Court · Sep 10, 1923

Tineker, being duly qualified to enter land under the homestead laws, went upon the northwest quarter of Section 3, Township 39,- North, Range 6 E., W. … His claim was clearly evidenced on the land by his posted notices and improvements.

Sharpe Sign Co. v. Parrish

33 Wash. 2d 883 · Washington Supreme Court · Jun 23, 1949

Parrish, individually and as the duly appointed, qualified and acting executor of the last will and testament of Elsie M. … Shepherd we do not think it material, other than to establish the background of the relationship between Dr. Parrish and Mr.

Panag v. Farmers Insurance

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

Dissent at 66. 8 In any event, it is clear that the dissent believes that the occurrence-in-trade-or-commerce element requires the plaintiff to be in a consumer or contractual relationship with the actor, or qualify as a … This is not a case where the legislature clearly did not intend for the CPA to apply, as in State v. Schwab, 103 Wn.2d 542 , 693 P.2d 108 (1985).

Bayley Construction v. Department Of Labor & Industries

Court of Appeals of Washington · Oct 21, 2019

Bayley alleged the Department could not establish a serious violation of WAC 296-155- 24615(3)(a)(ii). … Although it was not intended to be jumped on, it is clearly a possibility.'"

P.s.c., Inc., V. Purdys Public House, Llc

Court of Appeals of Washington · Mar 3, 2026

Of note, RCW 6.27.110(2) clearly states that when a judgment creditor serves the garnishee a writ by mail, it “shall be mailed to the garnishee by certified mail, return receipt requested, addressed in the same manner as … However, we must still interpret the statute based on established legal principles and not on sympathy. 13 No. 60806-5-II Watkins, 137 Wn.2d at 639-40 (emphasis added