Case law

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  • Tacoma Savings & Loan Ass'n v. Nadham

    14 Wash. 2d 576 · Washington Supreme Court · Sep 9, 1942

    Burrow, was appointed, and qualified, as administrator of the latter’s estate. … In the instant case, however, there was no contract creating a joint tenancy with right of survivor-ship annexed, nor does the evidence establish an intention to create a relationship having that feature.

    Cited 21 timesPublished
  • Hibbert v. Centennial Villas, Inc.

    56 Wash. App. 889 · Court of Appeals of Washington · Feb 14, 1990

    While an employer need not establish personnel policies or practices, where an employer chooses to establish such policies and practices and makes them known to its employees, the employment relationship is presumably enhanced … There is a bona fide job opening for which the potential transferee qualifies. c. A transfer request is submitted at least two (2) weeks in advance of the proposed transfer. *901 2.

    Cited 10 timesPublished
  • State of Washington v. Thomas Lee Weatherwax

    Court of Appeals of Washington · May 3, 2016

    Unlike Rodgers, the evidence in this case does not establish that Mr. Rodgers's car was parked blocks away, but there is insufficient evidence to establish that it was in the "immediate area" of the shooting. Mr. … In addition, the evidence most clearly supported the required intent as to Mr. Stromberg and Ms. Smith. They were the two victims standing outside the store, within the line of fire.

    Cited 0 timesPublished
  • State of Washington v. Thomas Lee Weatherwax

    193 Wash. App. 667 · Court of Appeals of Washington · May 3, 2016

    Unlike Rodgers, the evidence in this case does not establish that Mr. Rodgers's car was parked blocks away, but there is insufficient evidence to establish that it was in the "immediate area" of the shooting. Mr. … In addition, the evidence most clearly supported the required intent as to Mr. Stromberg and Ms. Smith. They were the two victims standing outside the store, within the line of fire.

    Cited 13 timesPublished
  • State Of Washington, V. Scott Joseph Perrin

    Court of Appeals of Washington · Oct 28, 2025

    Under established case law, “‘illegal or erroneous sentences may be challenged for the first time on appeal.’” State v. … App. 2d at 777, Evans, 177 Wn.2d at 193 (“[W]e will interpret an ambiguous penal statute adversely to the defendant only if statutory construction ‘clearly establishes’ that the legislature intended such an interpretation

    Cited 0 timesPublished
  • Ameriquest Mortg. Co. v. Office of Att'y Gen.

    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 aCID under the CPA's requirements.

    Cited 0 timesPublished
  • State v. Jennings

    502 P.3d 1255 · Washington Supreme Court · Feb 3, 2022

    We further find that the state court’s treatment of Harris’s Strickland[6] [ineffective assistance] claim constitutes an unreasonable application of clearly established federal law. … We should provide guidance to lower courts by following the lead of Harris and the other decisions discussed above and clearly establishing that toxicology evidence is relevant and potentially admissible in criminal cases

    Cited 40 timesPublished
  • Lacey Nursing Center, Inc. v. Department of Revenue

    103 Wash. App. 169 · Court of Appeals of Washington · Oct 27, 2000

    And, unless the context clearly requires otherwise, the definitions apply throughout the chapter. RCW 82.04.010. … In conclusion, we hold that the Taxpayers do not qualify for the sale-of-real-estate B&O tax exemption because they do not rent or lease rooms to their residents. We affirm the trial court.

    Cited 3 timesPublished
  • State Ex Rel. O'Connell v. Yelle

    51 Wash. 2d 620 · Washington Supreme Court · Jan 23, 1958

    "No person except a citizen of the United States and a qualified elector of this state shall be eligible to hold any state office, ... … It must have appeared to the members as a tradition, since the long-established practice never before has been challenged.

    Cited 5 timesPublished
  • Kustura v. Department of Labor & Industries

    142 Wash. App. 655 · Court of Appeals of Washington · Jan 22, 2008

    In February 2000, the Department issued an order terminating time-loss compensation because she returned to work, but left the claim open and established a wage rate. … But Marintorres involved interpreter costs for a defendant in the criminal context, where the government clearly initiates the proceedings, and does not apply here.

    Cited 2 timesPublished
  • Samantha Lynn Clark v. The Corridor Housing

    District Court, W.D. Washington · Sep 2, 2026

    Clark may submit an 5 amended complaint within 21 days of this order to articulate more clearly how the defendant or 6 defendants violated her rights. … See Ferdik, 963 F.2d at 1262 (noting the “well-established 7 doctrine that an amended pleading supersedes the original pleading”).

    Cited 0 timesUnknown
  • State Of Washington, V Agyel Jumanne Mcdaniel

    Court of Appeals of Washington · Feb 18, 2015

    In the published portion of this opinion, we hold that the felony murder statute is not ambiguous, and that it clearly includes a deadly assault as a predicate offense. … The appellant' s failure to establish either prong is fatal to an ineffective assistance of counsel claim. Strickland, 466 U. S. at 700.

    Cited 0 timesPublished
  • Washington State Legislature v. Lowry

    131 Wash. 2d 309 · Washington Supreme Court · Feb 27, 1997

    The Legislature asked the court to establish limiting parameters of the Governor’s veto authority under article III, section 12 of the Washington Constitution. … To the extent we immunize nonappropriations provisos in appropriations bills from the Governor’s veto, the Legislature will try to slip substantive law provisos into appropriations bills to derive political advantage against

    Cited 30 timesPublished
  • Personal Restraint Petition Of: Shane Ammel Lynn

    Court of Appeals of Washington · Oct 20, 2025

    Separately, our review of the record and opinion on Lynn’s direct appeal establishes that as a re- presentation, this issue is clearly frivolous for that very reason. See RAP 16.8.1(b). … Our Supreme Court has clearly established that a “defendant is not entitled to challenge the information on appeal if [they] failed to request a bill of particulars at an earlier time.” Id.

    Cited 0 timesUnpublished
  • Ago

    Washington Attorney General Reports · Nov 25, 2002

    of the PUD when it was originally established. … In RCW 54.12.010 , the Legislature has clearly expressed its intent to grant PUD commissioners the authority to change PUD commissioner district boundaries.

    Cited 0 timesPublished
  • In Re Detention of Morgan

    253 P.3d 394 · Court of Appeals of Washington · Jun 1, 2011

    Accordingly, former RCW 71.09.060(2) explicitly relates only to whether the requisite predicate offense to qualify as an SVP exists. … Univ. of Wash., 42 Wash.App. 465, 472-73 , 712 P.2d 306 (1985), review denied, 105 Wash.2d 1014 , 1986 WL 421070 (1986)). ¶ 33 Here, the record does not clearly establish that Morgan was forcibly medicated during his SVP

    Cited 4 timesPublished
  • Railcar Management LLC v. Cedar AI, Inc

    District Court, W.D. Washington · Jan 30, 2023

    The exhibit does not itself, however, 19 establish how or to whom it was accessible. … Richard Feiner & Co., 896 3 F.2d 1542, 1550 (9th Cir. 1990) (“Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains 4 to be

    Cited 0 timesUnknown
  • Pub. Util. Dist. No. 1 v. State

    Washington Supreme Court · Jan 29, 2015

    Because the fish hatchery was clearly a present public use, we then engaged in a prior public use analysis. !d. at 453. … State, 93 Idaho 795, 473 P.2d 937 (1970) (relating to sovereign immunity). A necessary component of growth is the power to condemn school lands.

    Cited 0 timesPublished
  • State Of Washington v. Zyion Houston-Sconiers & Treson Roberts

    Court of Appeals of Washington · Nov 24, 2015

    , and whether he understood the effect of that immunity regarding potential future charges. … Therefore, Houston-Sconiers and Roberts clearly preserved this issue.

    Cited 0 timesPublished
  • State of Washington v. Jacob Nathaniel Cox

    17 Wash. App. 2d 178 · Court of Appeals of Washington · Apr 20, 2021

    Cox argues that the Rape Shield Statute does not apply to the flirtatious evidence that he proffered at trial because it does not qualify as “past sexual behavior.” We agree. … But defense counsel clearly argued that the flirtatious behavior was evidence of intoxication, uncharacteristic behavior, and relevant to his theory of the case.

    Cited 7 timesPublished

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