A contract of insurance. See 68 Ohio St. 9, 96 Am. St. Rep. 625, 64 L. R. A. 405, ...
Washington Supreme Court Court Cases
State v. McFarland (1995)
We accepted and consolidated these cases to consider whether a defendant should be allowed to challenge a warrantless arrest for the first time on appeal where the defendant alleges failure to challenge the arrest at trial constitutes ineffective assistance of counsel.
Court: Washington Supreme Court Docket: 61690-6 62059-8
State v. Salinas (1992)This case arises from a reverse sting operation in which Willie Charles Davis, a paid police informant, posed as a narcotics seller. Detective Mark W. Orendorff of the King County Police Drug Enforcement Unit met Davis in early April 1990 when Davis was awaiting trial on a drug charge. Davis called Detective Orendorff to inquire about a reduction or dismissal of the drug charge in exchange for his assistance and cooperation with the King County Police in undercover drug operations. When [...]
Court: Washington Supreme Court Docket: 58458-3
This action concerns alleged violations of the Shoreline Management Act of 1971 (SMA), RCW 90.58, by the removal, at defendant's request, of three railroad trestles which crossed Cowiche Creek. The private plaintiffs had no interest in the railroad trestles.
Court: Washington Supreme Court Docket: 56505-8
State v. Green (1980)Michael Charles Green petitions this court for reconsideration of our decision in State v. Green, 91 Wn.2d 431, 588 P.2d 1370 (1979) (Green I) on three major issues: (1) our ruling that a statement made by appellant was not the product of custodial interrogation in violation of Miranda v. Arizona, 384 U.S. 436, 16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974 (1966); (2) our ruling that the State did not possess unfettered discretion under RCW RCW 9A.32.045(7) and .030(1)(c)(2) and (5) to [...]
Court: Washington Supreme Court Docket: 44705
State v. Thomas (2004)A Pierce County jury found Covell Paul Thomas guilty of one count of aggravated first degree murder, one count of residential burglary, and unlawful possession of a firearm in the first degree. The death penalty was imposed following the jury's determination that there were insufficient circumstances to merit leniency. We affirm each of his convictions but reverse his death sentence and remand for a new trial on the aggravating circumstances or for resentencing in accordance with this opinion.
Court: Washington Supreme Court Docket: 70727-8
A law teacher and two of his students, conducting a class research project, were permitted by superior court order to examine 189 randomly selected mental illness files. Citing RCW 71.02.250, relating to mental illness cases, the prosecuting attorney and others challenge this order as a breach of confidentiality.
Court: Washington Supreme Court Docket: 41518
RCW 90.44.050 provides an exemption from groundwater permit requirements for withdrawal of groundwater for domestic uses of 5,000 gallons or less per day. The Department of Ecology challenges the trial court's determination that the exemption applies where a developer of a residential subdivision proposes multiple wells that will individually serve each lot in the development. Each well is proposed to withdraw less than 5,000 gallons per day, but together the wells will withdraw more than 5,000 [...]
Court: Washington Supreme Court Docket: 70279-9
Wilson v. Steinbach (1982)Petitioners Bruce and Carolyn Wilson, the surviving parents, and the estate of Shelly L. Wilson brought this negligence action seeking damages from respondents Glen L. and Jane Doe Steinbach under the wrongful death and survival action statutes, RCW 4.20.010 and RCW 4.20.046. The trial court granted respondents' motion for summary judgment and dismissed the claims. In an unpublished per curiam opinion, Division One of the Court of Appeals affirmed the trial court's entry of summary judgment [...]
Court: Washington Supreme Court Docket: 48565-8
State v. Gunwall (1986)
At issue in this case is whether police can, without legal process, obtain the records of a telephone subscriber's long distance telephone calls (toll records) and by the use of a pen register also obtain the local telephone numbers the subscriber dials.
Court: Washington Supreme Court Docket: 50979-4
State v. Emery (2012)¶ 1 In this case, we resolve four issues that arose after Anthony Marquise Emery Jr. and Aaron Edward Olson were convicted at a joint trial of first degree kidnapping, first degree robbery, first degree rape, and first degree accomplice rape. They are (1) whether the trial court erred in denying Olson's motions to sever, and whether Emery's counsel was ineffective in failing to move for severance; (2) whether the prosecutor's statements during closing argument constitute misconduct that [...]
Court: Washington Supreme Court Docket: 86033-5
State v. Russell (1994)
Russell appealed, and the Court of Appeals certified his appeal to this court pursuant to RCW 2.06.030. Before examining the issues presented, we will briefly outline the facts pertinent to each count.
Court: Washington Supreme Court Docket: 60673-1
State v. Stenson (1997)
On March 25, 1993, Darold (D.J.) Stenson and his wife, Denise Stenson, were living with their three young children on property they called Dakota Farms, which was their residence and the site of their business raising exotic birds. At 4:00 a.m., Stenson called "911" and stated: "this is D.J. Stenson at Dakota Farms.... Frank has just shot my wife, and himself, I think."
Court: Washington Supreme Court Docket: 61965-4
Plaintiff brought this action for medical malpractice and product liability before the King County Superior Court. That court granted summary judgment of dismissal in favor of all the defendants, and plaintiff appealed to the Court of Appeals. Finding this case to present "urgent issues of broad public import requiring prompt and ultimate determination," the Court of Appeals certified the matter to this court under RCW 2.06.030(d).
Court: Washington Supreme Court Docket: 54592-8
State v. Camarillo (1990)
The defendant, Larry Camarillo, was charged by information with indecent liberties with an 11-year-old boy. The charge was brought under former RCW 9A.44.100(1)(b). The 1-count information was based on conduct which occurred over a 1-year period between June 4, 1981, and July 10, 1982. The defendant was convicted.
Court: Washington Supreme Court Docket: 56469-8
State v. Guloy (1985)On June 1, 1981, two members of the Cannery Workers Union, Gene Viernes and Silme Domingo, were shot at the union hall. Viernes was shot through the heart and died immediately. Domingo, despite being shot four times, managed to stumble out of the union hall and call for help. A bus driver heard Domingo's cries and called Medic I. Huckins, a firefighter responding to the call, asked Domingo whether he knew who shot him. Domingo stated that he was shot by two Filipinos, Jim Ramil and Ben Guloy. [...]
Court: Washington Supreme Court Docket: 48248-9
State v. Thomas (1987)
This case involves an allegation of ineffective assistance of counsel. Petitioner Kerry Thomas alleges that her assigned trial counsel failed to competently present a diminished capacity defense based on voluntary intoxication to a charge of attempting to elude a police vehicle. We agree and remand for a new trial.
Court: Washington Supreme Court Docket: 53550-7
State v. Hill (1994)Defendant Hill was convicted on two counts of possession of cocaine in violation of the Uniform Controlled Substances Act. At the pretrial hearing, defendant moved to suppress evidence of rock cocaine seized from the pocket of his sweatpants which police picked up from the bedroom floor during a search of another's home. The trial court denied his motion. On appeal, the Court of Appeals concluded that the search of the sweatpants constituted an impermissible search of defendant's person and [...]
Court: Washington Supreme Court Docket: 60193-3
State v. Delmarter (1980)
Defendant, Rodney Guy Delmarter, was charged with simple assault and attempted theft in the first degree of property in Warren's Drug Store. None of the witnesses who testified at trial saw defendant enter the store, nor noticed him until he was near the prescription counter at the back of the store.
Court: Washington Supreme Court Docket: 46508
State v. Hendrickson (1996)
Michael W. Hendrickson, Cathlamet, Patricia S. Novotny, Seattle, Washington Appellate Defender, Lisa Dworkin, Seattle, Frederick A. Johnson, Wahkiakum County Prosecutor, Cathlamet, for petitioner.
Court: Washington Supreme Court Docket: 62473-9
Hartley v. State (1985)This case was certified to this court for direct review by Division Two of the Court of Appeals prior to a hearing on the merits. Defendants, State of Washington and Pierce County, appeal the trial court's dismissal of their motion for summary judgment. The State and County sought to be dismissed as defendants in a personal injury and wrongful death action brought by the husband and minor children of a woman killed in an automobile collision. In turn plaintiffs (the Hartleys) moved, as part of [...]
Court: Washington Supreme Court Docket: 51084-9