1       

State ex rel. T.B. v. CPC Fairfax Hosp., 129 Wn.2d 439, 918 P.2d 497 (1996) (for majority, minors committed to mental hospitals by their parents have right to judicial review)

2       

Sheldon v. Fettig, 129 Wn.2d 601, 919 P.2d 1209 (1996) (for majority, substitute service of process sufficient when left with defendant’s brother at the family home)

3       

Griffin v. Eller, 130 Wn.2d 58, 922 P.2d 788 (1996) (for majority, upholds exemption to Washington anti-discrimination statute for employers with 8 or fewer employees)

4       

Jain v. State Farm Mut. Auto. Ins. Co., 130 Wn.2d 688, 926 P.2d 923 (1996) (for majority, child rendered quadriplegic by car crash may collect insurance benefits based on invalidation of UIM exclusion)

5       

Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 936 P.2d 1123 (1997) (for majority, protects newspaper’s First Amendment Right to reassign reporter for editorial reasons)

6       

Dioxin/Organochlorine Center v. Pollution Control Hearings Bd., 131 Wn.2d 345, 932 P.2d 158 (1997) (for majority, activity categorically exempt under SEPA is really exempt)

7       

Black v. Dept. of Labor & Indus., 131 Wn.2d 547, 933 P.2d 1025 (1997) (for majority, injured worker entitled to have his case heard on merits where service of process made on attorney for State)

8       

Wallace v. Evans, 131 Wn.2d 572, 934 P.2d 662 (1997) (for majority, trial court may not unilaterally dismiss a civil action for inaction by the parties after plaintiffs note case for trial)

9       

Malyon v. Pierce County, 131 Wn.2d 779, 935 P.2d 1272 (1997) (for majority, volunteer chaplains for the Pierce County Sheriff’s Dep’t do not violate religious establishment clause)

10     

State v. Becker, 132 Wn.2d 54, 935 P.2d 1321 (1997) (for majority, school zone sentencing enhancement unconstitutional when presence of adult education facility not known or reasonably knowable)

11     

State v. Castellanos, 132 Wn.2d 94, 935 P.2d 1353 (1997) (for majority, affirming drug conviction and holding trial court did not err when it allowed jury unlimited access to body wire tape recordings of drug transactions during deliberations)

12     

State v. Parker, 132 Wn.2d 182, 937 P.2d 575 (1997) (for majority, resentencing necessary where sentencing judge imposed exceptional sentence based on incorrectly calculated standard range)

13     

Pasco Police Officers' Ass'n v. City of Pasco, 132 Wn.2d 450, 938 P.2d 827 (1997) (for majority, proposed management rights clause may be bargained to impasse and union did not fail to bargain in good faith)

14     

Monroe v. Soliz, 132 Wn.2d 414, 939 P.2d 205 (1997) (for majority, statute requiring aggravated juvenile offenders may be segregated in adult prisons is constitutional)

15     

State v. Rohrich, 132 Wn.2d 472, 939 P.2d 697 (1997) (for majority, Confrontation Clause requires child to actually testify on substance of allegation before admitting hearsay under RCW 9A.44.120(2)(a) which allows hearsay if the child “[t]estifies at the proceedings”)

16     

State v. Hairston, 133 Wn.2d 534, 946 P.2d 397 (1997) (for majority, constitutional right to counsel requires appellate court to independently review the entire record before releasing appointed counsel and dismissing the appeal as frivolous in Anders situation)

17     

Price v. Farmers Ins. Co. of Wash., 133 Wn.2d 490, 946 P.2d 388 (1997) (for majority, court lacks jurisdiction in arbitration matter to decide setoff and parties must resolve question by agreement or commence separate action)

18     

Central Washington Refrigeration, Inc. v. Barbee, 133 Wn.2d 509, 946 P.2d 760 (1997) (for majority, buyer of goods may bring indemnity action against seller for liability incurred to third party for defect in goods and the statute of limitations on such action begins to run when the buyer pays or is obligated to pay the liability)

19     

State v. Hardy, 133 Wn.2d 701, 946 P.2d 1175 (1997) (for majority, prior drug convictions are generally inadmissible to impeach criminal defendant under ER 609(a))

20     

In re Marriage of Briscoe, 134 Wn.2d 344, 949 P.2d 1388 (1998) (for majority, valid statute requiring offset for social security payments made to children is necessarily incorporated into settlement agreement in the absence of express exclusion of the provision)

21     

Waggoner v. Ace Hardware Corp., 134 Wn.2d 748, 953 P.2d 88 (1998) (for majority, RCW 49.60.180 does not prohibit employment discrimination based on cohabiting or dating relationships)

22     

Mission Springs v. City of Spokane, 134 Wn.2d 947, 954 P.2d 250 (1998) (for majority, a city council’s interference with grading permit subjects city and council to liability for due process violation under civil rights act

23     

State v. Hickman, 135 Wn.2d 97, 954 P.2d 900 (1998) (for majority, venue of the crime becomes an element for the state to prove under the law of the case doctrine when given to the jury in the “to convict” instruction)

24     

Millay v. Cam, 135 Wn.2d 193, 955 P.2d 791 (1998) (for majority, clarifying the procedures for statutory redemption and allowing equitable tolling of redemption period when the redemptioner in possession submits a grossly exaggerated statement of the sum required to redeem)

25     

State ex rel. Public Disclosure Com'n v. 119 Vote No! Committee, 135 Wn.2d 618, 957 P.2d 691 (1998) (for majority, statute regulating false political speech violates the First Amendment)

26     

Greengo v. Public Employees Mut. Ins. Co., 135 Wn.2d 799, 959 P.2d 657 (1998) (for majority, three-car accident may be two “accidents” for purposes of insurance coverage)

27     

Vintage Const. Co. v. City of Bothell, 135 Wn.2d 833, 959 P.2d 1090 (1998) (for majority, impact fee on development is not fee in lieu of dedication)

28     

Fisher v. Allstate, 136 Wn.2d 240, 961 P.2d 350 (1998) (for majority, underinsurance motorist carrier is bound by the results of an arbitration between its insured and tortfeasor when carrier did not participate but had notice and opportunity to intervene)

29     

State v. Ivie, 136 Wn.2d 173, 961 P.2d 941 (1998) (for majority, captain’s mast punishment bars subsequent state prosecution for same crime)

30     

McCoy v. American Suzuki Motor Corp., 136 Wn.2d 350, 961 P.2d 952 (1998) (for majority, rescuer doctrine applies to product liability action)

31     

Kottler v. State, 136 Wn.2d 437, 963 P.2d 834 (1998) (for majority, joint and several liability requires judgment against tortfeasor)

32     

Martini v. Boeing Co., 137 Wn.2d 357, 971 P.2d 45 (1999) (for majority, employee with successful discrimination claim may recover damages for front and back pay)

33     

State v. Bencivenga, 137 Wn.2d 703, 974 P.2d 832 (1999) (for majority, where criminal defendant’s exculpatory story is unreasonable, conviction is affirmed)

34     

State v. Ladson, 138 Wn.2d 343, 979 P.2d 833 (1999) (No. 65801-3) (for majority, pretextual stop violates Washington Constitution)

35     

Miller v. Tacoma, 138 Wn.2d 318, 979 P.2d 429 (1999) (No. 65597-9) (for majority, Open Public Meetings Act, RCW 42.30, violated by balloting in executive session)

36     

State v. Thomas Clark, 139 Wn.2d 152, 985 P.2d 377 (Oct. 7, 1999) (for majority, hearsay evidence from testifying child does not violate Confrontation Clause guarantee)

37     

State v. Sabas Cruz, 139 Wn.2d 186, 985 P.2d 384 (Oct. 7, 1999) (for majority, felony “washout” amendments not retroactive)

38     

Allstate Ins. Co. v. Batacan, 139 Wn.2d 443, 986 P.2d 823 (Oct. 21, 1999) (No. 66493-5) (for majority, UIM coverage available to motorist injured by multiple tortfeasors when one is uninsured)

39     

State v. Barnett, 134 Wn.2d 462, 987 P.2d 626 (Oct. 28, 1999) (No. 67171-1) (for majority, first degree burglary may not be a “crime against a person” for purposes of community placement statute)

40     

J.R. Simplot v. Knight, 139 Wn.2d 534, 988 P.2d 955 (Nov 18, 1999) (No. 67652-6) (for majority, litigating the fine points:  the meaning of the hyphen)

41     

Harbour Village Apartments v. City of Mukilteo, 139 Wn.2d 604, 989 P.2d 542 (Dec 16, 1999) (No. 66920-1) (for majority, tax on rental apartment units is unconstitutional property tax)

42     

Staats v. Brown, 139 Wn.2d 757, 991 P.2d 615 (Jan 06, 2000) (No. 65681-9) (for majority, no qualified immunity for use of excessive force or state law immunity for false arrest)

43     

Smith v. Bates Technical College, 139 Wn.2d 793, 991 P.2d 1135 (Jan 27, 2000) (No. 67374-8) (for majority, common law tort of wrongful discharge not limited to “at will” employees)

44     

Roberts v. Dudley, 140 Wn.2d 58, 993 P.2d 901 (Feb 17, 2000) (for majority, common law tort of wrongful employment discharge may be founded on public policy against gender discrimination)

45     

Kucera v. DOT, 140 Wn.2d 200, 995 P.2d 63 (Mar 16, 2000) (No. 68428-6) (for majority, injunction against high-speed ferries not justified by State Environmental Protection Act)

46     

State v. McCarty, 140 Wn.2d 420, 998 P.2d 296 (Apr 27, 2000) (for majority, information charging conspiracy to deliver drugs insufficient)

47     

Mendoza v. Rivera-Chavez, 140 Wn.2d 659, 999 P.2d 29 (May 18, 2000) (for majority, felony exclusion in insurance policy void under public policy)

48     

In re Disciplinary Proceeding against Michael Tasker,141 Wn.2d 557, 9 P.3d 822 (Sept 14, 2000) (for majority, attorney who commingles personal and client funds in trust account should be suspended)

49     

Int’l Brotherhood of Electrical Workers, Local Union No. 46 v. Trig Electric Construction Co., 142 Wn.2d 431, 13 P.3d 622 (Nov 16, 2000) (for majority)

50     

Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wn.2d 654, 15 P.3d. 115 (Dec 21, 2000) (for majority, insured entitled to coverage without aggregate limit on property damage)

51     

Griffin v. West RS, Inc., 143 Wn.2d 81, 18 P.3d 558 (Feb 22, 2001) (for majority no proximate cause linking landlord to criminal assault on tenant)

52     

Moore v. Whitman County, 143 Wn.2d 96, 18 P.3d. 566 (Feb 22, 2001) (for majority, Eastern Washington Growth Management Board has no jurisdiction over counties not required to plan under GMA)

53     

In re the Personal Restraint of Robert Perkins, 143 Wn.2d 261, 19 P.3d. 1027 (Mar 15, 2001) (for majority, proper for Court of Appeals to transfer successive PRP to Supreme Court for disposition on the merits)

54     

Dinh v. Salins, 143 Wn.2d 378, 20 P.3d. 936 (Apr 12, 2001) (for majority, trial court lacks authority to enter discovery orders once case has been assigned to mandatory arbitration)

55     

State v. Clark, 143 Wn.2d 731, 24 P.3d 1006 (June 7, 2001) (for majority, details of prior conviction inadmissible in death penalty phase of capital proceeding)

56     

State v. Vreen, 143 Wn.2d 923, 26 P.3d 236 (June 21, 2001) (for majority, erroneous denial of peremptory challenge to juror is reversible error)

57     

State v. Williams, 144 Wn.2d 197, 26 P.3d 890 (June 28, 2001) (for majority, use of term “mental health” in harassment statute is unconstitutionally vague and overbroad)

58     

Panorama Village Condominium Owners Ass’n Bd. of Directors v. Allstate Ins. Co., 144 Wn.2d 130, 26 P.3d 910 (July 12, 2001) (for majority, insurance coverage for “hidden decay” means decay which is out of sight, not necessarily decay which is reasonably anticipated)

59     

State v. Marshall (Henry Lewis), 144 Wn.2d 266, 27 P.3d 192 (July 19, 2001) (for majority, in capital case, guilty plea must be vacated where competency in doubt and hearing not convened)

60     

In re Bang D. Nguyen, 144 Wn.2d 516, 29 P.3d 689 (Aug 23, 2001) (for majority, state’s burden is to prove its case by clear, cogent, and convincing evidence in medical disciplinary case)

61     

State v. Thomas Reid, 144 Wn.2d 621, 30 P.3d 465 (Sept 6, 2001) (for majority, insanity acquittee must be released from confinement when he is no longer mentally ill)

62     

City of Kent v. Beigh, 145 Wn.2d 33, 32 P.3d 258 (Oct 11, 2001) (for majority, blood sample properly suppressed in DUI prosecution)

63     

Guardianship Estate of Danny Keffeler v. DSHS, 145 Wn.2d 1, 32 P.3d 267 (Oct 11, 2001) (for majority, under federal law state may not reimburse itself from social security benefits of foster children)

64     

Snyder v. Med. Serv. Corp. of E. Wash., 145 Wn.2d 233, 35 P.3d 1158 (Dec 13, 2001) (for majority, employee’s disability and outrage claim against employer fail as a matter of law)

65     

Polley v. Stokes, 145 Wn.2d 341, 37 P.3d 1211 (Dec. 27, 2001) (for  majority, decree awarding “one half the equity” in real property references monetary award, not division of realty)

66     

Overton v. Consolidated Ins. Co., 145 Wn.2d 417, 38 P.3d 322 (Jan 17, 2002) (for majority, condition known to insured when purchasing insurance precludes coverage for “occurrence”)

67     

State v. Darden, 145 Wn.2d 612, 41 P.3d 1189 (Mar 7, 2002) (for majority, no privilege to exclude from cross-examination in criminal case the location of secret police surveillance post)

68     

In re Detention of Petersen, In re Detention of Thorell, 145 Wn.2d 789, 42 P.3d 952 (Mar 21, 2002) (for majority, “probable cause” in annual sex predator review requires prima facie showing of eligibility for release, and discovery permitted)

69     

Firth v. Lu, 146 Wn.2d 608, 49 P.3d 117 (June 27, 2002) (for majority, agreement to transfer shares in housing cooperative outside statute of frauds)

70     

Olivine Corp. v. United Capitol Ins. Co., 147 Wn.2d 148, 52 P.3d 494 (Aug 22, 2002) (for majority, premium finance company may not cancel insurance policy absent notice to insured)

71     

Bell v. State, 147 Wn.2d 166, 52 P.3d 503 (Aug 22, 2002) (for majority, proximate cause must be proved in parolee negligent supervision case)

72     

State v. Lopez, 147 Wn.2d 515, 55 P.3d 609 (Oct. 10, 2002) (for majority, evidentiary failure to prove prior “strikes” requires resentencing on same record)

73     

Willoughby v. L&I, Cain v. L&I, 147 Wn.2d 725, 57 P.3d 611 (Nov. 14, 2002) (for majority, denial of L&I benefits to some prisoners offends due process)

74     

All Around Underground Inc. v. State, 148 Wn.2d 145, 60 P.3d 53 (Dec 12, 2002) (for majority, state patrol regulation requiring automatic impoundment is unlawful)

75     

New Hampshire Indemnity Co. v. Budget Rent-A-Car Systems, 148 Wn.2d 929, 64 P.3d 1239 (Mar 13, 2003) (for majority, super escape clause in insurance policy will be enforced)

76     

Young v. Clark, 149 Wn.2d 130, 65 P.3d 1192 (Apr 3, 2003) (for majority, filing case in wrong county is not jurisdictional defect and may be corrected by change of venue)

77     

Shoop v. Kittitas County, 149 Wn.2d 29, 65 P.3d 1194 (Apr 3, 2003) (for majority, filing case in wrong county is not jurisdictional defect and may be corrected by change of venue)

78     

Kloepfel v. Bokor, 149 Wn.2d 192, 66 P.3d 630 (Apr 17, 2003) (for majority, tort of outrage requires no objective symptoms)

79     

State v. Kindsvogel, 149 Wn.2d 477, 69 P.3d 870 (Jun 5, 2003) (for majority, speedy trial rule not violated when no mandatory joinder of criminal charges)

80     

State v. DeRyke, 149 Wn.2d 906, 73 P.3d 1000 (Aug 7, 2003) (for majority, instructional error on attempted rape was harmless)

81     

American States Ins. Co. v. Symes of Silverdale, 150 Wn.2d 462, 78 P.3d 1266 (Nov 6, 2003) (for majority, arson fire ignited by debtor in possession does not merit exclusion of coverage for estate in bankruptcy)

82     

Smith v. Safeco Ins. Co., 150 Wn.2d 478, 78 P.3d 1274 (Nov 6, 2003) (for majority, insurer’s bad faith is question of fact, Ellwein overruled)

83     

Malted Mousse v. Steinmetz, 150 Wn.2d 518, 79 P.3d 1154 (Nov 13, 2003) (for majority, trial de novo is exclusive review of mandatory arbitration award)

84     

Mt. Adams School District v. William D. Cook, 150 Wn.2d 716, 81 P.3d 111 (Dec 18, 2003) (for majority, teacher’s claim of wrongful termination subject to arbitration)

85     

State v. Goodman, 150 Wn.2d 774, 83 P.3d 410 (Jan 15, 2004) (for majority, possession of “meth” sufficiently charged in criminal information)

86     

Clark v. Baines, 150 Wn.2d 905, 84 P.3d 245 (Feb 5, 2004 ) (for majority, Alford plea cannot estop counterclaim for malicious prosecution of subsequent civil action)

87     

Butzberger v. Foster, 151 Wn.2d 396, 89 P.3d 689 (May 6, 2004) (for majority, motorist injured while attempting rescue entitled to UIM coverage)

88     

City of Redmond v. Moore, 151 Wn.2d 664, 91 P.3d 875 (Jun 3, 2004) (for majority, suspension of license without hearing offends due process)

89     

State v. Costich, 152 Wn.2d 558, 99 P.3d 881 (Oct 7, 2004) (for majority, settlement offer in condemnation action 30 days before trial is valid)

90     

Schrom & Bloomfield v. Board for Volunteer Firefighters, 153 Wn.2d 19, 100 P.3d 814 (Nov 18, 2004) (for majority, clerk is not “firefighter” for pension purposes)

91     

In re Marriage of Langham & Kolde, 153 Wn.2d 553, 106 P.3d 212 (Feb 10, 2005) (for majority, stock options are converted when exercised)

92     

In re Parentage of C.A.M.A., 154 Wn.2d 52, 109 P.3d 405 (Apr 7, 2005) (for majority, third party visitation statute unconstitutional)

93     

State v. Pulfrey, 154 Wn.2d 517, 111 P.3d 1162 (May 19, 2005) (for majority, officer may arrest and then exercise discretion to release)

94     

Prison Legal News Inc. v. Washington State Department of Corrections, 154 Wn.2d 628, 115 P.3d 316 (Jul 14 2005) (for majority, Department of Corrections may be required to disclose more documents under PDA)

95     

Bunch v. King County Dep’t of Youth Servs., 155 Wn.2d 165, 116 P.3d 381 (Jul 21, 2005) (for majority, remittitur of personal injury damage award improper)

96     

State v. Byron Lee Brown, 154 Wn.2d 787, 117 P.3d 336 (Aug 4, 2005) (for majority, seeking identification from passenger in traffic stop absent reasonable suspicion or warrant requires evidence suppression)

97     

Spokane Research & Def. Fund v. City of Spokane, 155 Wn.2d 89, 117 P.3d 1117 (Aug 11, 2005) (for majority, Public Disclosure Act penalties are not nullified by untimely disclosure by agency nor is causal connection required)

98     

State v. Zachary Tinker, 155 Wn.2d 219, 118 P.3d 885, (Sep 1, 2005) (for majority, charge of third degree theft need not allege value of property stolen)

99     

Association of Washington Business v. Department of Revenue, 155 Wn.2d 430, 120 P.3d 46 (Sep 22, 2005) (for majority, agency may publish interpretive rules)

100   

State v. Punsalan and State v. Hanson, 156 Wn.2d 875, 133 P.3d 934 (May 4, 2006) (for majority, indigent criminal defendants who retain private counsel are entitled to receive necessary expenses from government)

101   

Osborn v. Mason County, 157 Wn.2d 18, 134 P.3d 197 (May 18, 2006) (for majority, county had no duty to warn possible crime victim under rescue doctrine)

102   

Heg v. Alldredge ,157 Wn.2d 154, 137 P.3d 9 (June 22, 2006) (for majority, mere nonuse of easement isn’t abandonment)

103   

In re Estate of Kordon, 157 Wn.2d 206, 137 P.3d 16 (June 22, 2006) (for majority, under former statute citation for will contest is jurisdictional)

104   

Koenig v. City of Des Moines, 158 Wn.2d 173, 142 P.3d 162 (Aug 31, 2006) (for majority, under public disclosure act, redacted documents regarding child molestation must be disclosed)

105   

Scoccolo Construction, Inc. v. City of Renton, 158 Wn.2d 508, 145 P.3d 371 (Oct 26, 2006) (for majority, utilities were “acting for” city, thus contract clause providing no damages for delay is invalid)

106   

Wright v. Colville Tribal Enterprises Corp., 159 Wn.2d 108, 147 P.3d 1275 (Dec 7, 2006) (for majority, tribal sovereign immunity protects tribal enterprise)

107   

Ongom v. State, 159 Wn.2d 132, 148 P.3d 1029 (Dec. 14, 2006) (for majority, burden of proof to suspend a nurse’s license is clear, cogent, and convincing)

108   

Sleasman v. City of Lacey, 159 Wn.2d 639, 151 P.3d 990 (Feb. 8, 2007) (for majority, “developed” property is a finished lot suitable for improvement or sale)

109   

Nelson v. Appleway Chevrolet Inc., 160 Wn.2d 173, 157 P.3d 847 (Apr 26, 2007) (for majority, add-on of B&O tax above purchase price prohibited)

110   

State v. Daniels, 160 Wn.2d 256, 156 P.3d 905 (May 3, 2007) (for majority, jeopardy doesn’t terminate when no implied acquittal)

111   

Bank of America NA v. Prestance Corp., 160 Wn.2d 560, 160 P.3d 17 (June 7, 2007) (for majority, lender can be equitably subrogated to first lienholder notwithstanding actual knowledge)

112   

State v. Womac, 160 Wn.2d 643, 160 P.3d 40 (June 14, 2007) (for majority, convictions for multiple offenses stemming from same criminal conduct violate double jeopardy)

113   

In re Pers. Restraint of Skylstad, 160 Wn.2d 944, 162 P.3d 413 (July 19, 2007) (for majority, one year time bar on PRPs does not start to run while sentence is on appeal)

114   

Crafts v. Pitts, 161 Wn.2d 16, 162 P.3d 382 (July 19, 2007) (for majority, claim for specific performance not discharged in bankruptcy)

115   

In re Postsentence Review of Leach, 161 Wn.2d 180, 163 P.3d 782 (Aug 2, 2007) (for majority, pursuant to statutory definition, a “crime against persons” does not include attempted second degree assault)

116   

Robert Noble v. A&R Environmental Servs., 140 Wn App 29, 164 P.3d 519 (Aug 7, 2007) (Pro Tem) (for majority, dissolution of Limited Liability Corporation must comply with RCW 25.15.300)

117   

In re Termination of S.H., B.H., and M.H. (unpub), 2007 WL 2340792, 2007 Wn. App. LEXIS 2456 (Aug 16, 2007) (Pro Tem) (for majority, termination of parental rights was not in error)

118   

Qwest Corp. v. City of Bellevue, 161 Wn.2d 353, 166 P.3d 667 (Aug 30, 2007) (for majority, utility occupation tax on phone company unlawful)

119   

State v. Hatchie, 161 Wn.2d 390, 166 P.3d 698 (Sept 6, 2007) (for majority, misdemeanor arrest warrant is authority of law to search residence in some cases)

120   

State v. Reep, 161 Wn.2d 808, 167 P.3d 1156 (Sept 27, 2007) (for majority, search warrant violates 4th Amendment’s particularity requirement)

121   

State v. Knight, 162 Wn.2d 806, 174 P.3d 1167 (Jan 17, 2008) (for majority, vacating conviction remedy for double jeopardy violation)

122   

In re the Detention of Sheldon Martin, 163 Wn.2d 501, 182 P.3d 951 (May 1, 2008) (for majority, sex predator petition erroneously filed in Thurston County must be dismissed)

123   

York v. Wahkiakum Sch.Dist. #200, 163 Wn.2d 297, 178 P.3d 995 (Mar 13, 2008) (for majority, random and suspicionless drug testing of students violates state constitution)

124   

State v. Eisfeldt,163 Wn.2d 628, 185 P.3d 580 (June 5, 2008) (for majority, we reject the federal private search doctrine and suppress the evidence)

125   

TCAP Corp. v. Gervin, 163 Wn.2d 645, 185 P.3d 589 (June 5, 2008) (for majority, when foreign judgment expires in foreign jurisdiction, it cannot be enforced here)

126   

Young v. Young, 164 Wn.2d 477, 191 P.3d 1258 (Sep 11, 2008) (for majority, measure of recovery in unjust enrichment case)

127   

Ranger Ins. Co. v. Pierce Co., 164 Wn.2d 545, 192 P.3d 886 (Sep 18, 2008) (for majority, question of fact as to whether bail bonding company entitled to refund of money)

128   

City of Arlington v. Central Puget Sound Growth Mgmt. Hrgs. Bd. (Oct 9, 2008) (for majority, county amendment of comprehensive plan did not violate growth management act)

129   

Yousoufian v. Office of Ron Sims, 165 Wash.2d 439, 200 P.3d 232 (Jan 15, 2009) (for majority, trial court abused its discretion by awarding only $15 per day penalty in Public Records Act proceeding)

130   

Michael v. Mosquera-Lacy, 165 Wn.2d 596, 200 P.3d 695 (Feb 5, 2009) (for majority, no Consumer Protection Act claim for malpractice)

II.  Concurring Opinions  

131   

State v. Ross, 129 Wn.2d 279, 916 P.2d 405 (1996) (concurring, withdrawal of a guilty plea and specific performance are alternative remedies available to defendant at his choosing when a criminal plea agreement is breached or is involuntary)

132   

Felt v. McCarthy, 130 Wn.2d 203, 922 P.2d 90 (1996) (concurring, “frustration of purpose” doctrine may apply where purchased land is unforeseeably declared a wetland)

133   

Griffith v. City of Bellevue, 130 Wn.2d 189, 922 P.2d 83 (1996) (concurring, alleged technical defect in zoning appeal is not jurisdictional)

134   

State v. Crediford, 130 Wn.2d 747, 927 P.2d 1129 (1996) (concurring, DUI conviction on statute which defines DUI as being drunk 2 hours after driving invalid)

135   

In re PRP of Johnson, 131 Wn.2d 558, 933 P.2d 1019 (1997) (concurring, Court of Appeals only has jurisdiction to transfer and not dismiss redundant PRPs)

136   

Louisiana-Pacific Corp. v. Asarco Inc., 131 Wn.2d 587, 934 P.2d 685 (1997) (concurring, prevailing party may be awarded reasonably necessary expenses of litigation in addition to attorneys fees)

137   

In re Marriage of Littlefield, 133 Wn.2d 39, 940 P.2d 1362 (1997) (concurring, the trial court lacked authority to order custodial mother to return to Washington but rule limited to narrow facts)

138   

Noble Manor Co. v. Pierce County, 133 Wn.2d 269, 943 P.2d 1378 (1997) (concurring, rights to construct improvements under short plat vest on such application)

139   

CLEAN v. City of Spokane, 133 Wn.2d 455, 947 P.2d 1169 (1997) (concurring, while a parking garage is no constitutional emergency, in light of previous ruling that a baseball stadium is an emergency we must follow precedent until overruled)

140   

State v. Groom, 133 Wn.2d 679, 947 P.2d 240 (1997) (concurring, statute making it a crime to conduct a warrantless residential search contains no exceptions)

141   

Lindberg v. County of Kitsap, 133 Wn.2d 729, 948 P.2d 805 (1997) (concurring, blueprints subject to disclosure under Public Disclosure Act, however, disclosing agency not immune from copyright infringement claim)

142   

Island County v. State, 135 Wn.2d 141, 955 P.2d 377 (1998) (concurring, “beyond a reasonable doubt” standard is inapplicable when judging the constitutionality of a statute or ordinance)

143   

City of Redmond v. Central Puget Sound Growth Mgmt. Hrgs. Bd., 136 Wn.2d 38, 959 P.2d 1091 (1998) (concurring, improper designation of agricultural land offends Growth Management Act)

144   

Matter of Pearsall‑Stipek, 136 Wn.2d 255, 961 P.2d 343 (1998) (concurring, res judicata requires identity of parties, not interest)

145   

State v. Shultz, 138 Wn.2d 638, 980 P.2d 1265 (1999) (concurring, constitutionality of statutes reviewed de novo)

146   

Key Design v. Moser, 138 Wn.2d 875, 983 P.2d 653 (1999) (concurring, statute of frauds should not apply to purchase and sale agreements)

147   

Washington State Republican Party v. State Public Disclosure Comm’n, 141 Wn.2d 245, 4 P.3d 808 (July 27, 2000) (concurring, award of reasonable attorney fees under civil rights statute available where official functions are enjoined)

148   

Manufactured Housing Communities v. State, 142 Wn.2d 347, 13 P.3d 183 (Nov 9, 2000) (concurring, government imposed right of first refusal for tenants in mobile home park unconstitutionally takes owner's property)

149   

Furfaro v. City of Seattle, 144 Wn.2d 363, 27 P.3d 1160 (Aug 2, 2001) (concurring, arrest warrant should be required for obscenity arrest)

150   

City of Burien v. Kiga, 144 Wn.2d 819, 31 P.3d 659 (Sept 20, 2001) (concurring, Initiative 722 embraces more than a single subject)

151   

Vasquez v. Hawthorne, 145 Wn.2d 103, 33 P.3d 735 (Nov 1, 2001) (concurring, parties not legally entitled to marry cannot form necessary legal intent to establish meretricious relationship)

152   

State v. Fisher, 145 Wn.2d 209, 35 P.3d 366 (Dec 6, 2001) (concurring, “No warrants shall issue but upon probable cause,” means “no warrants”)

153   

The Benchmark Land Company v. City of Battle Ground, 146 Wn.2d 685, 49 P.3d 860 (July 11, 2002) (concurring in result, RCW 82.02.020 requires nexus between plat exaction and problem created by development)

154   

State v. Smith (Wallace Michael), 148 Wn.2d 122, 59 P.3d 74 (Dec 12, 2002) (concurring, witness is not “unavailable” for confrontation purposes unless physically unable to attend trial)

155   

State v. Vasquez, 148 Wn.2d 303, 59 P.3d 648 (Dec 19, 2002) (concurring, administrative determinations should not have preclusive effect)

156   

Michak v. Transnation Title Insurance Co., 148 Wn.2d 788, 64 P.3d 22 (Mar 6, 2003) (concurring, title insurer need not insure property not conveyed to insured)

157   

In re Disciplinary Proceeding against Thomas Brothers, 149 Wn.2d 575, 70 P.3d 940 (Jun 12, 2003) (concurring, flat or contingent fees are not necessarily excessive)

158   

State v. Garza, 150 Wn.2d 360, 77 P.3d 347 (Oct 9, 2003) (concurring, CrR 3.4 does not require a defendant to notify trial court of involuntary absence)

159   

Grant County Fire Prot. Dist. No. 5 v. City of Moses Lake, 150 Wn.2d 791, 83 P.3d 419 (Jan 29, 2004) (concurring, rights protected by Washington Privileges and Immunities clause are different from Equal Protection rights)

160   

State v. Mullin-Coston, 152 Wn.2d 107, 95 P.3d 321 (Jul 15, 2004) (concurring, not appropriate to throw out collateral estoppel doctrine in criminal law)

161   

Saddle Mtn Minerals v. Joshi, 152 Wn.2d 242, 95 P.3d 1236 (Aug 12, 2004) (concurring, discussion of “takings” is inappropriate where claim not before the court)

162   

State v. Daniel Hughes, 154 Wn.2d 118, 110 P.3d 192 (Apr 14, 2005) (concurring, restitution order not properly challenged at trial court)

163   

State v. Michael Evans, 154 Wn.2d 438, 114 P.3d 627 (June 16, 2005) (concurring, right to jury trial on sentencing factors cannot be raised in PRP—illogically)

164   

Grundy v. Brack Family Trust, 155 Wn.2d 1, 117 P.3d 1089 (July 28, 2005) (concurring in part, dissenting in part, failure to challenge permit under LUPA for public nuisance claim and common enemy doctrine bars private nuisance claims)

165   

Viking Properties v. Holm, 155 Wn.2d 112, 118 P.3d 322 (Aug 18, 2005) (concurring, minimum density requirement only hortative)

166   

State v. Gurske, 155 Wn.2d 134, 118 P.3d 333 (Aug 25, 2005) (concurring, one should not be considered “armed” when he is only in constructive possession of gun)

167   

In re Disciplinary Proceeding against Haley, 156 Wn.2d 324, 126 P.3d 1262 (Jan 26, 2006) (concurring, RPC 4.2(a) exempts self-represented lawyers)

168   

State v. Tracey Jade Johnston, 156 Wn.2d 355, 127 P.3d 707 (Jan 26, 2006) (concurring in part, dissenting in part, we should independently review “true threat” and dismiss in interest of free speech)

169   

State v. Linton, 156 Wn.2d 777, 132 P.3d 127 (Apr 13, 2006) (concurring, double jeopardy bars retrial of greater offense when convicted on lesser)

170   

State v. Levy, 156 Wn.2d 709, 132 P.3d 1076 (Apr 13, 2006) (concurring, error not harmless because of “clear evidence”)

171   

Harvey v. Snohomish County, 157 Wn.2d 33, 134 P.3d 216 (May 18, 2006) (concurring, duty to rescue when injured party reasonably relies on promise to rescue)

172   

State v. Zhao, 157 Wn.2d 188, 137 P.3d 835 (June 29, 2006) (concurring, prosecutor’s policy to deny plea bargains to defendants who interview their alleged sex victim is probably unethical)

173   

State v. Devin, 158 Wn.2d 157, 142 P.3d 599 (Aug 24, 2006) (concurring, doctrine of abatement by death during appeal doesn’t apply in absence of timely appeal)

174   

Okeson v. City of Seattle, 159 Wn.2d 436, 150 P.3d 556 (Jan. 18, 2007) (concurring, City Light’s greenhouse gas scheme not meritorious)

175   

State v. Pillatos, 159 Wn.2d 459, 150 P.3d 1130 (Jan 25, 2007) (concurring, aggravating factor for exceptional sentence must be in charging document)

176   

Udall v. TD Escrow Servs, Inc., 159 Wn.2d 903, 154 P.3d 882 (Mar 29, 2007) (concurring, meaning of “plain meaning”)

177   

Arkison v. Ethan Allen, Inc., 160 Wn.2d 535, 160 P.3d 13 (May 31, 2007) (concurring, judicial estoppel requires three-part test)

178   

State v. Watt, 160 Wn.2d 626, 160 P.3d 640 (June 14, 2007) (concurring, error is harmless only when it relates to irrelevant evidence submitted to the jury)

179   

State v. Kirkpatrick, 160 Wn.2d 873, 161 P.3d 990 (July 12, 2007) (concurring, if error does not relate to disputed issue, it may be harmless)

180   

Beal Bank SSB v. Sarich, 161 Wn.2d 544, 167 P.3d 555 (Sept 13, 2007) (concurring, Washington Mutual decision should be overruled)

181   

State v. Posey, 161 Wn.2d 638, 167 P.3d 560 (Sept 20, 2007) (concurring in part, dissenting in part, email from alleged victim was relevant to consent and therefore should not have been excluded from evidence under the rape shield statute)

182   

Lindeman v. Kelso Sch. Dist. #458, 162 Wn.2d 196, 172 P.3d 329 (Nov 15, 2007) (concurring)

183   

Washington State Farm Bureau Fed’n v. Gregoire, 162 Wn.2d 284, 174 P.3d 1142 (Nov 21, 2007) (concurring, legislature does not have “plenary power” to enact laws, only that power delegated through the constitution)

184   

In re Marriage of King, 162 Wn.2d 378, 174 P.3d 659 (Dec 6, 2007)  (concurring, no constitutional right to appointed counsel when no state action)

185   

State v. Brown, 162 Wn.2d 422, 173 P.3d 245 (Dec 13, 2007) (concurring, firearm enhancement requires connection between the defendant, the crime, and the weapon)

186   

In re Detention of Kistenmacher, 163 Wn.2d 166, 178 P.3d 949 (Feb 21, 2008) (concurring in part, dissenting in part, SVP prisoner has right to lawyer at psychological exam and denial of that right is not harmless)

187   

In re Detention of Lewis, 163 Wn.2d 188, 177 P.3d 708 (Feb 28, 2008) (concurring, recent overt act may not be constitutionally redefined by legislature)

188   

State v. Neff, 163 Wn.2d 453, 181 P.3d 819 (April 24, 2008) (concurring in part, dissenting in part, firearm enhancement is not proper for mere possession of gun)

189   

State v. Eggleston, 164 Wn.2d 61, 187 P.3d 233 (July 10, 2008) (concurring, state is collaterally estopped to impeach prior jury verdict)

190   

Brundridge v. Fluor Federal Svcs., 164 Wn.2d 432, 191 P.3d 879 (Sep 4, 2008) (concurring in part, dissenting in part, employee entitled to recover reasonable out of pocket expenses as part of reasonable attorney fees)

191   

State v. Eaton, 164 Wn.2d 461, 191 P.3d 1270 (Sep 11, 2008), (dissenting, conviction should be reversed where charged with possessing wrong drug)    

192   

Costanich v. DSHS, 164 Wn.2d 925, 194 P.3d 988 (Oct 30, 2008) (concurring in part, dissenting in part, public party may waive objection to reasonable attorney fee award, just as private one)

193   

State v. Hunsicker, 129 Wn.2d 554, 919 P.2d 79 (1996) (dissenting, the court must follow applicable statute and set restitution within 60 days)

194   

State v. Rivers, 129 Wn.2d 697, 921 P.2d 495 (1996) (dissenting, “Three Strikes You’re Out” mandatory life without possible parole unconstitutionally cruel)

195   

Brown v. State, 130 Wn.2d 430, 924 P.2d 908 (1996) (dissenting, turn of century railroad deed creates easement extinguished by abandonment and title should revert to property owners)

196   

State v. King, 130 Wn.2d 517, 925 P.2d 606 (1996) (dissenting, defendant’s Fifth Amendment right against self-incrimination violated when the State punished defendant for disclosing during court ordered sex therapy commission of uncharged rapes)

197   

State v. Wakefield, 130 Wn.2d 464, 925 P.2d 183 (1996) (dissenting, the court should be bound by promises it makes when inducing a plea bargain between prosecutor and defendant)

198   

Osborn v. Grant County, 130 Wn.2d 615, 926 P.2d 911 (1996) (dissenting, the State should pay the attorneys fees for a special prosecutor appointed by the court to defend a county employee)

199   

CLEAN v. State, 130 Wn.2d 782, 928 P.2d 1054 (1996)  (dissenting, tax for major league baseball stadium is not an emergency and therefore not exempt from public referendum)

200   

In re the Welfare of Amyann J.R., No. 63964-7, unpublished, July 17, 1996 (dissenting, appointed counsel in indigent appeal must be paid reasonable and adequate fee as per market standards)

201   

Leingang v. Pierce County Medical Bureau, Inc., 131 Wn.2d 133, 930 P.2d 288 (1997) (dissenting, health care provider violated Consumer Protection Act and tortiously interfered with insured’s contract with automobile insurer)

202   

Magula v. Benton Franklin Title Co., Inc., 131 Wn.2d 171, 930 P.2d 307 (1997) (dissenting, identity of one’s spouse is not “marital status” for purpose of anti-discrimination law)

203   

Honey v. Davis, 131 Wn.2d 212, 930 P.2d 908 (1997) (dissenting, something about suretyship)

204   

Washington State Legislature v. Lowry, 131 Wn.2d 309, 931 P.2d 885 (1997) (dissenting, “section” for purposes of Governor’s section veto is defined by the legislature, and appropriation item veto must vary dollar amount)

205   

Hillis v. Dept. of Ecology, 131 Wn.2d 373, 932 P.2d 139 (1997) (dissenting, Department of Ecology should be held to law requiring it to timely process water rights applications, 8 year delay unlawful)

206   

Citizens for More Important Things v. King County, 131 Wn.2d 411, 932 P.2d 135 (1997) (dissenting, County ordinance authorizing bonds for preconstruction costs of the new baseball stadium conflicts with the Stadium Act and is an invalid diversion of state revenues to an unlawful purpose)

207   

Riss v. Angel, 131 Wn.2d 612, 934 P.2d 669 (1997) (dissenting, members of unincorporated homeowners associations should be held jointly and severally liable for all debts of the association)

208   

City of Kennewick v. Benton County, 131 Wn.2d 768, 935 P.2d 606 (1997) (dissenting, Tri-Cities Coliseum is neither wholly nor partially exempt from local property tax simply because it is partially owned by a municipality)

209   

Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 937 P.2d 154 (1997) (dissenting, Bellevue’s restrictions on adult entertainment are unconstitutional free speech infringements)

210   

In re Clark Garen, B.A. No. 61, unpublished, May 20, 1997 (dissenting, out-of-state lawyer applicant must not be discriminatorily denied license based on erroneous and conclusory findings of bar fitness committee)

211   

State v. McClendon, 131 Wn.2d 853, 935 P.2d 1334 (1997) (dissenting, probationary driver license leading to enhanced jail time is punitive, and not solely remedial, for double jeopardy purposes)

212   

State v. Valentine, 132 Wn.2d 1, 935 P.2d 1294 (1997) (dissenting, uphold the common law right to resist unlawful arrest with reasonable force)

213   

Greater Harbor 2000 v. City of Seattle, 132 Wn.2d 267, 937 P.2d 1082 (1997) (dissenting, City of Seattle violated its own ordinances by granting preliminary approval to vacate various streets without requiring compensation from the party taking possession of the previously public thoroughfares)

214   

King County v. Taxpayers of King County, 133 Wn.2d 584, 949 P.2d 1260 (1997) (dissenting, sweetheart lease of public baseball stadium to Mariners for substantially reduced rent is an unconstitutional gift of public funds for private purposes)

215   

State v. Stenson, 132 Wn.2d 668, 940 P.2d 1239 (1997) (dissenting, defendant unconstitutionally denied right to represent himself)

216   

Seeley v. State, 132 Wn.2d 776, 940 P.2d 604 (1997) (dissenting, cancer patient has constitutional right to medicinal marijuana)

217   

Matter of Detention of McClatchey, 133 Wn.2d 1, 940 P.2d 646 (1997) (dissenting, sexual predator who does not receive treatment during confinement is punished and double jeopardy applies)

218   

Nivens v. 7-11 Hoagy's Corner, 133 Wn.2d 192, 943 P.2d 286 (1997) (dissenting, plaintiff improperly denied trial in suit alleging business negligent in not providing security against a known danger)

219   

Medcalf v. State, Dept. of Licensing, 133 Wn.2d 290, 944 P.2d 1014 (1997) (dissenting, defendant should have been able to offer evidence that compulsive disorder prevented ability to consent to Breathalyzer subject to evidentiary threshold)

220   

State v. Hamlet, 133 Wn.2d 314, 944 P.2d 1026 (1997) (dissenting, prejudicial evidence is not harmless)

221   

State v. Catlett, 133 Wn.2d 355, 945 P.2d 700 (1997) (dissenting, forfeiture of defendant’s car for drug violation is punishment for purposes of double jeopardy under Federal Constitution and, independently, State Constitution)

222   

State v. Bourgeois, 133 Wn.2d 389, 945 P.2d 1120 (1997) (dissenting, evidence was not harmless)

223   

Christianson v. Snohomish Health Dist., 133 Wn.2d 647, 946 P.2d 768 (1997) (dissenting, denial of remodel permit violates due process when no nexus to septic tank problem)

224   

Matter of Well, 133 Wn.2d 433, 946 P.2d 750 (1997) (dissenting, mental patient’s petition for writ of habeas corpus not barred by one-year limitation which applies only to those criminally convicted and sentenced)

225   

Freitag v. McGhie, 133 Wn.2d 816, 947 P.2d 1186 (1997) (dissenting, statute of limitations for fraudulent conveyance begins to run after the transfer was, or could have been, discovered)

226   

Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 947 P.2d 1208 (1997) (dissenting, objection must be raised in administrative hearing to be considered on appeal)

227   

Washington State Coalition for Homeless v. Department of Social and Health Services, 133 Wn.2d 894, 949 P.2d 1291 (1997) (dissenting, improper to judicially mandate massive diversion of tax dollars to fund program which the Legislature has not authorized)

228   

Young v. Estate of Snell, 134 Wn.2d 267, 948 P.2d 1291 (1997) (dissenting, statute expressly disclaims any limitation period for probate claims against insurance company)

229   

Gerberding v. Munro, 134 Wn.2d 188, 949 P.2d 1366 (1998) (dissenting, term limits law does not violate state constitution)

230   

Reninger v. State Dept. of Corrections, 134 Wn.2d 437, 951 P.2d 782 (1998) (dissenting, civil servant may sue government employer for constructive discharge and is not barred by administrative collateral estoppel)

231   

Schooley v. Pinch's Deli Market, Inc., 134 Wn.2d 468, 951 P.2d 749 (1998) (dissenting, a remote transferee of alcohol unlawfully sold to another minor may not maintain an action against the original vendor)

232   

Crowe v. Gaston, 134 Wn.2d 509, 951 P.2d 1118 (1998) (dissenting, a remote transferee of alcohol unlawfully sold to another minor may not maintain an action against the original vendor)

233   

State v. Tamalini, 134 Wn.2d 725, 953 P.2d 450 (1998) (dissenting, manslaughter instruction must be given as a lesser degree in a felony murder case where evidence so warrants)

234   

Johnson v. Weyerhaeuser, 134 Wn.2d 795, 953 P.2d 800 (1998) (dissenting, evidence that an injured worker receives more in benefits while injured than he received while working is admissible)

235   

Granite Falls Library Capital Facility Area v. Taxpayers of Granite Falls Library Capital Facility Area, 134 Wn.2d 825, 953 P.2d 1150 (1998) (dissenting, library facility’s power to issue bonds amounts to unconstitutional delegation of the taxing power)

236   

Tiegs v. Watts, 135 Wn.2d 1, 954 P.2d 877 (1998) (dissenting, statutory pollution violation not subject to civil remedy absent prior determination by Department of Ecology, as per the statute)

237   

Rabon v. City of Seattle, 135 Wn.2d 1, 954 P.2d 877 (1998) (dissenting, municipal ordinance under which two pet dogs were sentenced to death conflicts with state law and accordingly ordinance is invalid, sentence should be vacated, and dogs should be returned to owner)

238   

Nielson v. Spanaway, 135 Wn.2d 255, 956 P.2d 312 (1998) (dissenting, plaintiff is constitutionally entitled to jury trial on amount of damages in state suit, even after a damages amount has been found by a judge in a related federal suit)

239   

State, Dept. of Ecology v. Theodoratus, 135 Wn.2d 582, 957 P.2d 1241 (1998) (dissenting, “beneficial use” of water by permit is permitted use, not actual use)

240   

Weden v. San Juan County, 135 Wn.2d 678, 958 P.2d 273 (1998) (dissenting, absolute ban of jet skis offends due process)

241   

Rhod‑A‑Zalea & 35th, Inc. v. Snohomish County, 136 Wn.2d 1, 959 P.2d 1024 (1998) (dissenting, change in government regulations may not defeat nonconforming use)

242   

Tran v. State Farm Fire and Cas. Co., 136 Wn.2d 214, 961 P.2d 358 (1998) (dissenting, claim of insured not barred by refusal to produce immaterial documents)

243   

Shumway v. Payne, 136 Wn.2d 383, 964 P.2d 349 (1998) (dissenting, where state Supreme Court has discretion to review conviction, it cannot be said that state law bars prisoner’s petition for review)

244   

In re Disciplinary Proceeding against Heard, 136 Wn.2d 405, 963 P.2d 818 (1998) (dissenting, rules of professional conduct do not prohibit attorney sex with client)

245   

State v. Head, 136 Wn.2d 619, 964 P.2d 1187 (1998) (dissenting, six year delay following criminal trial before entry of written findings of fact and conclusions of law was an unnecessary delay in violation of article I, section 10 of the Washington Constitution)

246   

Vargas v. Lehman, No. 67190-7, unpublished Oct 12, 1998 (dissenting, according to plain language of statute, execution of Jeremy Sagastegui must be automatically reset to 30 days after vacation of stay)

247   

Spokane County v. State, 136 Wn.2d 663, 966 P.2d 314 (1998) (dissenting, separation of powers doctrine violated when executive branch agency makes decisions in matters involving judicial branch employees)

248   

State v. Walker, 136 Wn.2d 678, 965 P.2d 1079 (1998) (dissenting, Fourth Amendment prohibition on unlawful searches violated where consent for search given by one cohabitant but not the other)

249   

Franks & Son v. State, 136 Wn.2d 737, 966 P.2d 1232) (1998) (dissenting, dormant commerce clause offended by trucking fee)

250   

State ex rel. Washington State Convention and Trade Center v. Evans et al., 136 Wn.2d 811, 966 P.2d 1252 (1998) (dissenting, seizure of private property for private use is unconstitutional)

251   

Torrance v. King County, 136 Wn.2d 783, 966 P.2d 891 (1998) (dissenting, Growth Management Act violated by improper agricultural designation of land)

252   

Brower v. State, 137 Wn.2d 44, 969 P.2d 42 (1998) (dissenting, football stadium not exempt from referendum as “public emergency)

253   

State ex rel. Quick-Ruben v. Verharen, 136 Wn.2d 888, 969 P.2d 64 (1998) (dissenting, a lawsuit raising issue of first impression not frivolous)

254   

State v. Martin, 137 Wn.2d 149, 969 P.2d 450 (1999) (dissenting, juvenile disposition hearing is ineffective if held after mandatory statutory time limit)

255   

In re Disciplinary Proceedings against Turco, 137 Wn.2d 227, 970 P.2d 731 (1999) (dissenting, trial judge not subject to discipline for off-bench, nonjudicial, nonofficial conduct)

256   

PRP of Jonathan L. Gentry, 137 Wn.2d 378, 972 P.2d 1250 (1999) (dissenting, constitutional right violated when prosecution withheld documents)

257   

Wilson v. Horsley, 137 Wn.2d 500, 974 P.2d 316 (1999) (concurring in part, dissenting in part, motions to amend pleadings should be liberally granted)

258   

State v. Studd, 137 Wn.2d 533, 973 P.2d 1049 (1999) (dissenting, an incorrect pattern instruction is not invited error)

259   

W.R. Grace v. Department of Revenue, 137 Wn.2d 580, 573 P.2d 1011 (1999) (dissenting, no obligation exists to pay an unconstitutional tax which violates Dormant Commerce Clause)

260   

Hollis v. Garwall, 137 Wn.2d 683, 974 P.2d 836 (1999) (restriction in covenant on types of residential construction does not limit land to residential use)

261   

State v. Finch, 137 Wn.2d 792, 975 P.2d 967 (1999) (concurring in part, dissenting in part, unconstitutional shackling of defendant in death penalty case not harmless error)

262   

Tradewell Group d/b/a Development Services of America v. City of Seattle, 138 Wn.2d 107, 979 P.2d 387 (1999) (dissenting, helistop permit conditioned on private business necessity exceeds police power)

263   

Detention of Ronald Lane Petersen, 138 Wn.2d 70, 980 P.2d 1204 (1999) (dissenting, a person who is civilly committed as sex predator has right to appeal and right to attorney)

264   

PRP of Gronquist, 138 Wn.2d 388, 978 P.2d 1083 (1999) (dissenting, denial of prisoner’s right to call witnesses in serious infraction hearing violates his constitutional right to due process)

265   

PRP of Breedlove, 138 Wn.2d 298, 979 P.2d 417 (1999) (dissenting, stipulation to an exceptional sentence insufficient to justify it under statute)

266   

Aviation West Corp. v. Department of Labor & Indus., 138 Wn.2d 413, 980 P.2d 701 (1999) (No. 66574-5) (dissenting, administrative regulation against workplace smoking invalid)

267   

State v. Robbins, 138 Wn.2d 486, 980 P.2d 725 (1999) (dissenting, statute which criminalizes post driving blood alcohol content, per se, is unconstitutional)

268   

In re Ardis Clayton Trapp III, Bar Applicant, unpublished (July 14, 1999) (dissenting, application to practice law improperly denied)

269   

Landmark Development v. City of Roy, 138 Wn.2d 561, 980 P.2d 1234 (1999) (dissenting, water connection fee should be reduced by federal grant and arbitrary discrimination against property owner should be remedied)

270   

Benjamin v. Washington State Bar Ass’n, 138 Wn.2d 506, 980 P.2d 742 (1999) (dissenting, wrongful discharge of public employee for exercise of first amendment speech)

271   

CJC v. Corporation of Catholic Bishop, 138 Wn.2d 699, 985 P.2d 262 (1999) (concurring in dissents, no corporate responsibility for sex abuse)

272   

Currens v. Sleek, 138 Wn.2d 858, 983 P.2d 626 (1999) (dissenting, common enemy rule for water damage)

273   

PRP of Ecklund, 139 Wn.2d 166, 985 P.2d 342 (Oct. 7, 1999) (dissenting, failure to confess crime insufficient basis to deny parole)

274   

State v. Clark Elmore, 139 Wn.2d 250, 985 P.2d 289 (Oct. 7, 1999) (dissenting, error to send tape player to jury absent notice & express ruling by trial judge)

275   

Detention of Elmer Campbell, 139 Wn.2d 341, 986 P.2d 771 (Oct. 21, 1999) (No. 63986-8) (dissenting, sex predator is unconstitutionally confined in punitive conditions)

276   

Detention of Richard Turay, 139 Wn.2d 379, 986 P.2d 790 (Oct. 21, 1999) (No. 64100-5) (dissenting, same as Campbell, plus other issues)

277   

In re PRPs of Yim and Samphao, 139 Wn.2d 581, 989 P.2d 512 (Dec 02, 1999) (Nos. 67183-4) (dissenting, a firework is not an “explosive” for purposes of Explosives Act)

278   

Waremart v. Progressive Campaigns, 139 Wn.2d 623, 989 P.2d 524 (Dec 16, 1999) (No. 67029-3) (dissenting, right to gather initiative signatures not limited to shopping malls)

279   

Trimble v. Washington State University, 140 Wn.2d 88, 993 P.2d 259 (Feb 24, 2000) (No. 67409-4) (dissenting, university must follow faculty manual procedure to justify denial of tenure to faculty member)

280   

Open Door Baptist Church v. Clark County , 140 Wn.2d 143, 995 P.2d 33 (Mar 16, 2000) (dissenting, zoning against churches without conditional use permit violates state constitution’s guarantee of religious freedom)

281   

Drinkwitz & Caproni v. Alliant Techsystems, 140 Wn.2d 291, 996 P.2d 582 (Apr 06, 2000) (dissenting, inadvertent deductions do not destroy professional exemption to minimum wage act)

282   

Allan v. University of Washington, 140 Wn.2d 323, 997 P.2d 360 (Apr 20, 2000) (No. 67294-6) (dissenting, professor’s wife has standing to challenge improperly promulgated rules)

283   

Sundquist Homes, Inc. v. Snohomish County PUD #1, 140 Wn.2d 403, 997 P.2d 915 (Apr 27, 2000) (dissenting, public utility district may not shift cost of utility pole relocation to adjacent property owner)

284   

In re Disciplinary Proceeding against Lowell K. Halverson, 140 Wn.2d 475, 998 P.2d 833 (Apr 27, 2000) (concurring in part, dissenting in part, attorney involved in sexual affair with client did not fail to render candid advice or exercise independent judgment)

285   

M.A. Mortenson Co. v. Timberline Software Corp., 140 Wn.2d 568, 998 P.2d 305 (May 4, 2000) (dissenting, software licensing agreement is proposal to modify prior contract)

286   

State ex rel. Evergreen Freedom Found. v. Washington Education Ass’n, 140 Wn.2d 615, 999 P.2d 602 (May 18, 2000) (concurring in part, dissenting in part, use of withheld wages for political purposes unlawful)

287   

In re Detention of Donald Henrickson, 140 Wn.2d 686, 2 P.3d 473 (May 18, 2000) (dissenting, recent overt act required to commit sex predator)

288   

State v. Berry, 141 Wn.2d 121, 5 P.3d 658 (July 6, 2000) (dissenting, California stayed conviction should not count as “strike” under Washington law)

289   

In re PRP of Mark Alan Crabtree, 141 Wn.2d 577, 9 P.3d 814 (Sept 14, 2000) (dissenting, guilty plea to charges alleging criminal conduct prior  to effective date of statute should be vacated)

290   

State v. Bradley, 141 Wn.2d 731, 10 P.3d 358 (Sept 28, 2000) (dissenting, self-defense against prison guard justified by reasonable perception of great bodily injury or death)

291   

State v. Cecil Emil Davis, 141 Wn.2d 798, 10 P.3d 977 (Sept 28, 2000) (dissenting, aggravating factors to first degree murder must be found by unanimous jury)

292   

Postema v. Pollution Control Hearings Bd., 142 Wn.2d 68, 11 P.3d 726 (Oct 19, 2000) (dissenting, de minimis, nonquantifiable, effect on surface water no reason to deny well permit)

293   

State v. Williams, 142 Wn.2d 17, 11 P.3d 714 (Oct 19, 2000) (dissenting, apartment guest has automatic standing to contest unconstitutional search)

294   

Amalgamated Transit Union Local 587 v. State, 142 Wn.2d 183, 11 P.3d 762 (Oct 26, 2000) (dissenting, Initiative Measure 695 constitutional single subject, proper exercise of inherent authority to condition enactments on vote of people, and not invalid for alleged failure to set forth amended statutes verbatim)

295   

Haley v. Highland, 142 Wn.2d 135, 12 P.3d 119 (Nov 2, 2000) (dissenting, party who increases award of attorney fees on mandatory arbitration appeal improves his position)

296   

In re PRP of Brent Allen Davis, 142 Wn.2d 165, 12 P.3d 603 (Nov 2, 2000) (dissenting, multiple prosecution for drug manufacture violates Double Jeopardy)

297   

In re PRP of Darold J. Stenson, 142 Wn.2d 710, 16 P.3d 1 (Jan 04, 2001) (dissenting, attorney who abandons fight against conviction contrary to client's wishes is ineffective in his representation)

298   

State v. Negash Atsbeha, 142 Wn.2d 904, 16 P.3d 626 (Feb 01, 2001) (dissenting, brain damage relevant to diminished capacity defense)

299   

Hallauer v. Spectrum Properties, 143 Wn.2d 126, 18 P.3d 540 (Feb 22, 2001) (dissenting, private condemnation should not be available absent showing specific source of water is necessary to benefit land)

300   

State v. Daniel Platt, 143 Wn.2d 242, 19 P.3d 412 (Mar 15, 2001) (dissenting, private condemnation should not be available absent showing specific source of water is necessary to benefit land)

301   

In re Personal Restraint of Richard Dyer, 143 Wn.2d 384, 20 P.3d 907 (Mar 29, 2001) (No. 67673-9) (dissenting, arbitrary denial of extended family visitation to prisoner violated his constitutional rights)

302   

In re Personal Restraint of Paul J. Becker, 143 Wn.2d 491, 20 P.3d 409 (Apr 5, 2001) (No. 68700-5) (dissenting, personal restraint petition should not be barred as successive based on prior motion to vacate

303   

In re Personal Restraint of Cal Brown, 143 Wn.2d 431, 21 P.3d 687 (Apr 19, 2001) (No. 66686-5) (dissenting, failure of appellate counsel to argue against admissibility of past crime conviction is denial of effective assistance of counsel)

304   

State v. Dwayne Anthony Woods, 143 Wn.2d 561, 23 P.3d 1046 (May 24, 2001) (dissenting, death penalty not permitted when notice of intent to seek penalty not served within 30 days of rearraignment)

305   

Liberty Mutual Ins. Co. v. Tripp, 144 Wn.2d 1, 25 P.3d 997 (June 28, 2001) (concurring in part, dissenting in part, UIM insurance company not prejudiced by settlement between insured and tortfeasor when it did not offer liability limits buy out)

306   

State v. Elledge, 144 Wn.2d 62, 26 P.3d 271 (July 5, 2001) (dissenting, mandatory proportionality review in death case requires rejection of “wanton and freakish” standard which is inconsistent with text)

307   

State v. Stein, 144 Wn.2d 236, 27 P.3d 184 (July 12, 2001) (dissenting, remedy for unnecessary delay should be dismissal)

308   

PRP of Connick, 144 Wn.2d 44, 28 P.3d 729 (Aug 2, 2001 ) (dissenting, prisoner has carried burden to demonstrate offender score was improperly calculated)

309   

To-Ro Trade Shows v. Collins, 144 Wn.2d 403, 27 P.3d 1149 (Aug 2, 2001) (dissenting, To-Ro improperly denied standing to contest constitutionality of state statute regulating trade shows)

310   

State v. Horrace, 144 Wn.2d 386, 28 P.3d 753 (Aug 2, 2001) (dissenting, search warrant should have been obtained for search of automobile passenger)

311   

State v. Vrieling, 144 Wn.2d 489, 28 P.3d 762 (Aug 9, 2001) (dissenting, warrant requirement for search should be fully applicable to motor homes)

312   

State v. Heinsma, 144 Wn.2d 556, 29 P.3d 709 (Aug 23, 2001) (dissenting, Vancouver domestic partner benefit plan violates state statute which requires nonemployee be “dependent”)

313   

Recall of Lakewood City Council, 144 Wn.2d 583, 30 P.3d 474 (Sept 6, 2001) (dissenting, recall election proper where Open Public Meetings Act is violated)

314   

Babcock v. Mason County Fire District,  144 Wn.2d 774, 30 P.3d 1261 (Sept 13, 2001) (dissenting, public duty doctrine should be discarded)

315   

State v. Demery, 144 Wn.2d 753, 30 P.3d 1278 (Sept 13, 2001) (dissenting, recorded expression of police officer’s opinion that defendant was lying is not admissible into evidence)

316   

Kim v. Lee, 145 Wn.2d 79, 31 P.3d 665 (Sept 20, 2001) (dissenting, doctrine of equitable subrogation applicable to replacement mortgage)

317   

State v. Breazeale, 144 Wn.2d 829, 31 P.3d 1155 (Sept 27, 2001) (dissenting, state patrol should have been held in contempt)

318   

Budget Rent A Car Corp. v. Dep’t of Licensing, 144 Wn.2d 889, 31 P.3d 1174 (Oct 4, 2001) (concurring in part, dissenting in part, “total fleet” to calculate tax on car rental companies should be average, not highest, number of cars)

319   

State v. Wheeler, 145 Wn.2d 116, 34 P.3d 799 (Nov. 21, 2001) (dissenting, to constitutionally apply 3-strikes statute, existence of prior strikes must be proved to jury)

320   

State v. Fire, 145 Wn.2d 152, 34 P.3d 1218 (Nov 29, 2001) (dissenting, erroneous denial of challenge to juror for cause forcing party to exhaust preemptory challenges is reversible error)

321   

Pickett v. Holland America Line, 145 Wn.2d 178, 35 P.3d 351 (Nov 29, 2001) (dissenting, class action settlement unreasonable where based in part on denial of class certification for litigation purposes)

322   

In re Pers. Restraint of Stoudmire, 145 Wn.2d 258, 36 P.3d 1005 (Dec 13, 2001) (dissenting, for valid plea of guilty defendant must be apprised of potential sentence)

323   

In re Detention of Brooks, 145 Wn.2d 275, 36 P.3d 1034 (Dec. 27, 2001) (concurring in part, dissenting in part, proof beyond reasonable doubt in sex predator statute requires proof that prisoner will reoffend, not that he will likely reoffend)

324   

Sedlacek v. Hillis, 145 Wn.2d 379, 36 P.3d 1014 (Dec. 20, 2001) (dissenting, violation of federal antidiscrimination policy should be actionable in state wrongful discharge action)

325   

State v. McNeal, 145 Wn.2d 352, 37 P.3d 280 (Jan. 3, 2002) (dissenting, when special verdict inconsistent with general verdict, special verdict controls)

326   

Rios v. Dep’t of Labor & Indus., 145 Wn.2d 483, 39 P.3d 961 (Feb. 7, 2002) (dissenting, we must adhere to precedent that excuses government from complying with law, or overrule Hillis)

327   

ATU Legislative Council v. State, 145 Wn.2d 544, 40 P.3d 656 (Feb. 14, 2002) (concurring in part, dissenting in part, personal property tax not repealed by legislature)

328   

State v. Norman, 145 Wn.2d 578, 40 P.3d 1161 (Feb 21, 2002) (dissenting, Washington’s northern boundary is the 49th parallel, and that means “49th parallel”)

329   

Grant County Fire Prot. Dist. v. City of Moses Lake, 145 Wn.2d 702, 42 P.3d 394 (Mar 14, 2002) (dissenting, state privileges and immunities clause differs from equal protection, deserves independent interpretation but does not prohibit land petition method of annexation)

330   

Asarco Inc. v. Dep’t of Ecology, 145 Wn.2d 750, 43 P.3d 471 (Mar 21, 2002) (dissenting, Model Toxic Control Act unconstitutionally applied to impose retroactive joint and several liability)

331   

DOE v. Campbell & Gwinn, 146 Wn.2d 1, 43 P.3d 4 (Mar 28, 2002) (concurring in dissent, wells exempt from DOE permits are not limited to one per customer)

332   

City of Spokane v. Marquette, 146 Wn.2d 124, 43 P.3d 502 (Apr 11, 2002) (dissenting, courts of limited jurisdiction may not enlarge temporal jurisdiction to punish for probation violation beyond statutory time limit)

333   

State v. Rodriguez, 146 Wn.2d 260, 45 P.3d 541 (May 2, 2002) (dissenting, remedy for denial of fair trial is new trial)

334   

King v. Snohomish County, 146 Wn.2d 420, 47 P.3d 563 (June 06, 2002) (dissenting, claim filing defense not waived by ambiguous interrogatory answer)

335   

Litowitz v. Litowitz, 146 Wn.2d 514, 48 P.3d 261 (June 13, 2002) (dissenting, fate of pre-embryo by contract left to trial court)

336   

State v. Schultz, 146 Wn.2d 540, 48 P.3d 301 (June 20, 2002) (dissenting, pretrial no contact order expires at final judgment)

337   

State v. Coria, 146 Wn.2d 631, 48 P.3d 980 (June 27, 2002) (dissenting, it is no crime to destroy one’s own property)

338   

Wingert v. Yellow Freight System, Inc. 146 Wn.2d 841, 50 P.3d 256 (July 18, 2002) (dissenting, union bargaining representative of members has authority to negotiate breaks with employer)

339   

Isla Verde Int’l Holdings v. City of Camas, 146 Wn.2d 740, 49 P.3d 867 (July 11, 2002) (concurring in part, dissenting in part, plat condition requiring access over adjoining private property violates due process)

340   

PUD No. 1 of Pend Oreille v. Dep’t of Ecology, 146 Wn.2d 778, 51 P.3d 744 (July 18, 2002) (dissenting, minimum instream flow condition on hydroelectric plant unlawful)

341   

State v. Jeremy Read, 147 Wn.2d 238, 53 P.3d 26 (Sep 5, 2002) (dissenting, opinion evidence inadmissible in murder trial)

342   

WR Enterprises Inc. v. Labor & Industries, 147 Wn.2d 213, 53 P.3d 504 (Sep 5, 2002) (dissenting, L&I premiums should be based upon risk experience of industry class)

343   

In re Det. of C.W., 147 Wn.2d 259, 53 P.3d 979 (Sep 12, 2002) (dissenting, imprisonment in hospital emergency room contrary to statute)

344   

State v. Brown, 147 Wn.2d 330, 58 P.3d 889 (Sep 19, 2002) (dissenting, instruction which fails to require state to prove every element of crime is not harmless, and is reversible per se)

345   

State v. Borrero, 147 Wn.2d 353, 58 P.3d 245 (Sep 19, 2002) (dissenting, criminal information insufficient because it failed to allege “substantial step” for attempt crime and jury instructions deficient)

346   

PRP of Hemenway, 147 Wn.2d 529, 55 P.3d 615 (Oct 10, 2002) (dissenting, breach of plea agreement by prosecution entitles defendant to specific performance)

347   

State v. Schelin, 147 Wn.2d 562, 55 P.3d 632 (Oct 17, 2002) (dissenting, simple possession of firearm cannot be criminalized under state constitution absent its criminal use)

348   

Lawyers Title Ins. Corp. v. Baik, 147 Wn.2d 536, 55 P.3d 619 (Oct 17, 2002) (dissenting, law firm made no misrepresentation to title company)

349   

State v. Townsend, 147 Wn.2d 666, 57 P.3d 255 (Nov 7, 2002) (dissenting, recording of instant interactive internet communications violates privacy act)

350   

Thurston County v. Western Washington Growth Management Hearings Board, 148 Wn.2d 1, 57 P.3d 1156 (Nov 21, 2002) (dissenting, Growth Management Act allows extension of urban governmental services to rural areas where necessary)

351   

City of Seattle v. Allison, 148 Wn.2d 75, 59 P.3d 85 (Dec 12, 2002) (dissenting, DUI breath results should be suppressed because proper procedure not followed)

352   

McGowan v. State, 148 Wn.2d 278, 60 P.3d 67 (Dec. 19, 2002) (dissenting, I-734 requires state to fully fund school district employee salaries but barred by Harris v. State)

353   

City of Tacoma v. William Rogers Co., Inc., 148 Wn.2d 169, 60 P.3d 79 (Dec. 19, 2002) (dissenting pass through income of temporary employment firm not part of its gross taxable income)

354   

Fraternal Order of Eagles v. Grand Aerie of Fraternal Order of Eagles, 148 Wn.2d 224, 59 P.3d 655 (Dec. 19, 2002) (dissenting, Eagles is exempt from Washington’s Law Against Discrimination)

355   

State v. Tili, 148 Wn.2d 350, 60 P.3d 1192 (Jan 9, 2003) (dissenting, trial court is barred from imposing exceptional sentence on remand)

356   

State v. C.J., 148 Wn.2d 672, 63 P.3d 765 (Feb 6, 2003 ) (dissenting, incompetent witness cannot be a “reliable” declarant for purposes of child hearsay)

357   

State v. Acrey, 148 Wn.2d 738, 64 P.3d 594 (Feb 27, 2003) (dissenting, seizure of minor by police to return him home was outside community caretaking exception to warrant requirement)

358   

Eggleston v. Pierce County, 148 Wn.2d 760, 64 P.3d 618 (Mar 6, 2003) (dissenting, removal of wall for evidence is compensable taking or damaging under the state constitution)

359   

State v. Ward, State v. Baker, 148 Wn.2d 803, 64 P.3d 640 (Mar 6, 2003) (dissenting, state must prove felony violation of no contact order is not 1st or 2nd degree assault)

360   

State v. Wilson, 149 Wn.2d 1, 65 P.3d 657 (Mar 13, 2003) (dissenting, criminal charges may be dismissed for governmental misconduct)

361   

In re Parentage of Jannot, 149 Wn.2d 123, 65 P.3d 664 (Mar 27, 2003) (dissenting, no deference to trial court appropriate on motion to modify parenting plan)

362   

State v. Banks, 149 Wn.2d 38, 65 P.3d 1198 (Apr 3, 2003) (dissenting, omission of finding that every element of offense proved beyond reasonable doubt usually requires reversal)

363   

In re PRP of Tortorelli, 149 Wn.2d 82, 66 P.3d 606 (Apr 10, 2003) (dissenting, submerged trees not owned by state)

364   

Wash. Ass’n of Neighborhood Stores v. State, 149 Wn.2d 359, 70 P.3d 920 (May 8, 2003) (dissenting, tobacco tax initiative violates constitutional prohibition on future appropriations)

365   

State v. DeSantiago, 149 Wn.2d 402, 68 P.3d 1065 (May 15, 2003) (dissenting, admission of prior testimony absent right to cross-examine was error)

366   

State v. Pauling, 149 Wn.2d 381, 69 P.3d 331(May 22, 2003) (dissenting, we should not rewrite extortion statute to save it)

367   

State v. Khounvichai, 149 Wn.2d 557, 69 P.3d 862 (Jun 5, 2003) (dissenting, homeowner must be advised of right to refuse entry by police before invasion of home by consent is valid)

368   

MW and AW v. DSHS, 149 Wn.2d 589, 70 P.3d 954 (Jun 12, 2003) (dissenting, DSHS owes duty not to harm child during investigation)

369   

Citizens for Responsible Wildlife Management v. State, 149 Wn.2d 622, 71 P.3d 644 (Jun 19, 2003) (dissenting, as per Amalgamated, initiative violates double subject rule)

370   

Parents Involved in Community Schools v. Seattle School Dist. No. 1, 149 Wn.2d 660, 72 P.3d 151 (Jun 26, 2003) (dissenting, school district racial tie breaker violates state law)

371   

In re Disciplinary Proceeding against Kagele, 149 Wn.2d 793, 72 P.3d 1067 (Jul 17, 2003) (dissenting, nonrefundable retainer not necessarily excessive fee)

372   

State v. Snedden, 149 Wn.2d 914, 73 P.3d 995 (Aug 7, 2003) (dissenting, indecent exposure is not a “crime against a person”)

373   

In re PRP of Percer, 150 Wn.2d 41, 75 P.3d 488 (Aug 21, 2003) (dissenting, multiple punishments for single homicide violates double jeopardy)

374   

In re PRP of Turay, 150 Wn.2d 71, 74 P.3d 1194 (Aug 21, 2003) (dissenting, one year time bar on personal restraint petitions applies only to criminal convictions, not civil commitments, and, here, a recent overt act must be proved)

375   

In re Disciplinary Proceeding against Michels, 150 Wn.2d 159, 75 P.3d 950 (Sep 4, 2003) (dissenting, judicial conduct commission unreasonably delayed proceeding against a judge)

376   

State v. Swenson, 150 Wn.2d 181, 75 P.3d 513 (Sep 4, 2003) (dissenting, speedy trial rule expired)

377   

City of Seattle v. Guay, 150 Wn.2d 288, 76 P.3d 231 (Sep 11, 2003) (dissenting, dismissal under speedy trial rule appropriate for lack of diligence)

378   

State v. Moen, 150 Wn.2d 221, 76 P.3d 721 (Sep 11, 2003) (dissenting, dismissal of criminal charge appropriate where presenter refuses to negotiate for plea based on discovery in collateral proceeding)

379   

State v. Berube, 150 Wn.2d 498, 79 P.3d 1144 (Nov 13, 2003) (dissenting, misinstruction to jury on elements of crime is not harmless error)

380   

PRP of Carlstad, 150 Wn.2d 583, 80 P.3d 587 (Dec 4, 2003) (dissenting, Washington should adopt “mail box rule” for prisoners filing PRP)

381   

Washington Education Ass’n v. Washington Public Disclosure Comm’n, 150 Wn.2d 612, 80 P.3d 608 (Dec 11, 2003) (dissenting, WEA improperly denied its day in court to challenge free speech restraints)

382   

State v. Cheatam, 150 Wn.2d 626, 81 P.3d 830 (Dec 11, 2003) (dissenting, warrantless seizure from jail locker violates constitution)

383   

PRP of Grasso, 151 Wn.2d 1, 84 P.3d 859 (Feb 5, 2004 ) (dissenting, hearsay inadmissible when declarant instructed she need not answer questions)

384   

Sane Transit v. Sound Transit, 151 Wn.2d 50, 85 P.3d 346 (Mar 4, 2004) (dissenting, reduction in length of light rail not approved by voters)

385   

State v. Carter, 151 Wn.2d 118, 85 P.3d 887 (Mar 11, 2004) (dissenting, inspection of inner working of firearm requires a warrant)

386   

Blaney v. Int’l Ass’n of Machinists & Aerospace Workers, 151 Wn.2d 203, 87 P.3d 757 (Apr 1, 2004) (dissenting, error in jury instruction on calculation of future earnings not harmless)

387   

State ex rel. Citizens Against Tolls v. Murphy, 151 Wn.2d 226, 88 P.3d 375 (Apr 8, 2004) (dissenting, improper to severely shorten time to respond to summary judgment motion)

388   

State v. Downing, 151 Wn.2d 265, 87 P.3d 1169 (Apr 15, 2004) (dissenting, error not to continue trial to allow defense opportunity to call witness)

389   

Guardianship Estate of Danny Keffeler, 151 Wn.2d 331, 88 P.3d 949 (Apr 29, 2004) (dissenting, equal protection violation exists when status of representative payee determines ability to retain benefits)

390   

Western Farm Service v. Olsen, 151 Wn.2d 645, 90 P.3d 1053, (May 27, 2004) (dissenting, collateral subject to bank’s security interest was sale price of potatoes, not cost of transportation)

391   

State v. Goins, 151 Wn.2d 728, 92 P.3d 181 (Jun 10, 2004) (dissenting, inconsistent verdicts require reversal)

392   

Otani v. Broudy, 151 Wn.2d 750, 92 P.3d 192 (Jun 10, 2004) (dissenting, loss of enjoyment of life due to shortened life span compensable in survival action)

393   

Hisle v. Todd Pacific Shipyards Corp., 151 Wn.2d 853, 93 P.3d 108 (Jun 24, 2004) (dissenting, lump sum payment in consideration of union bargaining agreement not subject to Minimum Wage Act)

394   

Marriage of Horner, 151 Wn.2d 884, 93 P.3d 124 (Jun 24, 2004) (dissenting, this appeal is moot and should be dismissed)

395   

State v. Thompson (James R.), 151 Wn.2d 793, 92 P.3d 228 (Jun 24, 2004) (dissenting, warrantless search based on claimed consent unconstitutional without consent of co-occupant who is present)

396   

Seattle Police Officers Guild v. City of Seattle, 151 Wn.2d 823, 92 P.3d 243 (Jun 24, 2004) (dissenting, statute requiring promotions based on merit violated by “rule of five”)

397   

PRP of David Higgins, 152 Wn.2d 155, 95 P.3d 330 (Jul 22, 2004) (dissenting, DOC may not unilaterally rehear serious infraction while PRP is pending)

398   

Judd v. ATT, 152 Wn.2d 195, 95 P.3d 337 (Jul 29, 2004) (dissenting, Consumer Protection Act creates independent cause of action against telephone company)

399   

Barrett v. Lucky 7 Saloon, 152 Wn.2d 259, 96 P.3d 386 (Aug 26, 2004) (dissenting, merchant liability for overservice should not be extended to “apparent” intoxication)

400   

Christensen v. Grant County Hospital Dist No. 1, 152 Wn.2d 299, 96 P.3d 957 (Aug 26, 2004) (dissenting, administrative collateral estoppel should not bar claim of worker)

401   

State v. Teal, 152 Wn.2d 333, 96 P.3d 974 (Sep 2, 2004 ) (dissenting, state must prove elements in “to convict” instruction even if in error)

402   

City of Seattle v. Mighty Movers, 152 Wn.2d 343, 96 P.3d 979 (Sep 9, 2004) (dissenting, state constitution recognizes free speech right to post signs on utility poles)

403   

Yousoufian v. Office of Ron Sims, 152 Wn.2d 421, 98 P.3d 463 (Sep 30, 2004) (dissenting in part, Public Disclosure Act requires penalty for each record withheld)

404   

State v. Eckblad, 152 Wn.2d 515, 98 P.3d 1184 (Oct 14, 2004) (dissenting, seat belt statute unconstitutionally vague)

405   

State v. Bradshaw and State v. Latovlovici, 152 Wn.2d 528, 98 P.3d 1190 (Oct 14, 2004) (dissenting, proof of unlawful possession of controlled substance should include knowledge)

406   

In re Disciplinary Proceeding against DeRuiz, 152 Wn.2d 558, 99 P.3d 881 (Oct 21, 2004) (dissenting, two six-month attorney suspensions should run concurrently)

407   

PRP of Cecil Davis, 152 Wn.2d 647, 101 P.3d 1 (Nov 4, 2004) (concurring in part, dissenting in part, unconstitutional shackling mandates new trial)

408   

Branson v. Port of Seattle, 152 Wn.2d 862, 101 P.3d 67 (Nov 18, 2004) (dissenting, airport’s gross receipts fee on car rental companies unlawful)

409   

PRP of Turay, 153 Wn.2d 44, 101 P.3d 854 (Nov 18, 2004) (dissenting, successive PRP not an abuse of writ when based on new precedent)

410   

PRP of Darold Stenson, 153 Wn.2d 137, 102 P.3d 151 (Nov 24, 2004) (dissenting, proportionality review in capital case improper with corrupted data base)

411   

Estate of Margaret Black, 153 Wn.2d 152, 102 P.3d 796 (Dec 9, 2004) (dissenting, will should have been admitted to probate)

412   

Spokane County v. Specialty Auto & Truck Painting, 153 Wn.2d 238, 103 P.3d 792 (Dec. 23, 2004) (concurring in part, dissenting in part, all voluntary dismissals governed by CR 41)

413   

State v. Carneh, 153 Wn.2d 274, 103 P.3d 743 (Dec 23, 2004) (concurring in part, dissenting in part, comment on defendant’s exercise of right not to answer questions improper)

414   

State v. Willis, 153 Wn.2d 366, 103 P.3d 1213 (Jan 6, 2005) (dissenting, sentence enhancement for armed crime requires nexus between gun and crime)

415   

State v. Barnes, 153 Wn.2d 378, 103 P.3d 1219 (Jan 13, 2005) (dissenting, firearm enhancement not proper when defendant did not have knowledge firearm was present)

416   

Wash. State Grange v. Locke, 153 Wn.2d 475, 105 P.3d 9 (Jan 20, 2005) (dissenting, bill creating a “qualifying primary” violates subject in title rule when germane section vetoed)

417   

Thompson v. King Feed & Nutrition Service, 153 Wn.2d 553, 105 P.3d 378 (Jan 20, 2005) (partially dissenting, jury improperly instructed on destroyed property measure of damages and sanctions for failure to admit conclusions of law improper)

418   

State v. Roggenkamp, 153 Wn.2d 614, 106 P.3d 196 (Feb 10, 2005) (dissenting, definition of reckless driving)

419   

State v. Robinson, 153 Wn.2d 689, 107 P.3d 90 (Feb 24, 2005) (dissenting, by court rule indigent defendants attempting to vacate guilty plea are entitled to an appointed lawyer)

420   

In re Marriage of Muhammad, 153 Wn.2d 795, 108 P.3d 779 (Mar 24, 2005) (dissenting, job status of husband may be considered as property distribution factor)

421   

Vallandigham v. Clover Park Dist. # 400, 154 Wn.2d 16, 109 P.3d 805 (Apr 7, 2005) (dissenting, employer liable where places employee in situation where harm is highly probable)

422   

State v. Carter, 154  Wn.2d 71, 109 P.3d 823 (Apr 14, 2005) (dissenting, instructional error requires reversal)

423   

State v. Law, 154 Wn.2d 85, 110 P.3d 717 (Apr 21, 2005) (dissenting, downward exceptional sentence need not be premised on factors regarding the crime itself)

424   

PRP of Markels, 154 Wn.2d 262, 111 P.3d 249 (May 5, 2005) (dissenting, Crawford rules apply retroactively)

425   

State v. Davis, 154 Wn.2d 291, 111 P.3d 844 (May 12, 2005) (dissenting) 911 call inadmissible hearsay and violated right to confrontation)

426   

Ang v. Martin, 154 Wn.2d 477, 114 P.3d 637 (June 23, 2005) (dissenting, same standard should apply to criminal malpractice as for civil)

427   

State v. Woods, 154 Wn.2d 613, 114 P.3d 1174 (June 30, 2005) (for plurality, competency of small child not established)

428   

State v. Hiett, 154 Wn.2d 560, 115 P.3d 274 (June 30, 2005) (dissenting, restitution requires defendant’s crime caused the damage, but here it did not)

429   

James v. County of Kitsap, 154 Wn.2d 574, 115 P.3d 286 (July 7, 2005) (dissenting, LUPA 21 day rule does not bar action for monetary compensation)

430   

Washington State Farm Bureau Fed’n v. Sam Reed, 154 Wn.2d 668, 115 P.3d 301 (July 14, 2005) (dissenting, referendum required on measure changing supermajority voting requirement on legislature)

431   

City of Walla Walla v. Greene, 154 Wn.2d 722, 116 P.3d 1008 (July 28, 2005) (dissenting, due process violation to enhance penalty for prior DUI charge which was reduced)

432   

Bosteder v. City of Renton, 155 Wn.2d 18, 117 P.3d 316 (July 28, 2005) (dissenting, no qualified immunity to suit under 42 USC sec. 1983 where act under void warrant, nonclaim statute doesn’t pertain to individuals)

433   

City of Redmond v. Bagby, 155 Wn.2d 59, 117 P.3d 1126 (Aug 11, 2005) (dissenting, notice and hearing required before suspension of license)

434   

City of Bremerton v. Hawkins, 155 Wn.2d 107, 117 P.3d 1132 (Aug 11, 2005) (dissenting, notice and hearing required before suspension of license)

435   

Tiffany Family Trust Corp. v. City of Kent, 155 Wn.2d 225, 119 P.3d 325 (Sep 8, 2005) (dissenting, final assessment for local improvement district (LID) may violate taking and due process clause)

436   

Habitat Watch v. Skagit County, 155 Wn.2d 397; 120 P.3d 56 (Sep 22, 2005) (concurring in part, dissenting in part, land use decision “issued” when filed, attorney fee statute violates equal protection)

437   

State v. Watson, 155 Wn.2d 574, 122 P.3d 903 (Oct 13, 2005) (dissenting, only “aggrieved party” entitled to review, improper ex parte contact requires pending action)

438   

In re Recall of James West, 155 Wn.2d 659, 121 P.3d 1190 (Oct 26, 2005) (dissenting, recall petition legally and factually insufficient)

439   

Roberson v. Perez, 156 Wn.2d 33, 123 P.3d 844 (Dec 1, 2005) (dissenting, jury instructions not subject to exception because law of case; and county subjected parents to harmful placement decision)

440   

Christensen v.Royal Sch. Dist., 156 Wn.2d 62 (Dec 8, 2005) (dissenting, in civil action for sex with minor consent or comparative fault should be available defenses)

441   

State v. Klein, 156 Wn.2d 102, 124 P.3d 644 (Dec 15, 2005) (dissenting, drug addiction is not a “mental disease”)

442   

City of Olympia v. Drebick, 156 Wn.2d 289, 126 P.3d 802 (Jan 19, 2006) (dissenting, statutorily permitted “impact fees” cannot be excise taxes)

443   

State v. Shafer, 156 Wn.2d 381, 128 P.3d 87 (Feb 9, 2006) (dissenting, testimonial statements of child may violate confrontation clause)

444   

Sheikh v. Choe, 156 Wn.2d 441, 128 P.3d 574 (Feb 16, 2006) (dissenting, DSHS liable for negligent placement of foster children)

445   

State v. Cooper, 156 Wn.2d 475, 128 P.3d 1234 (Feb 23, 2006) (dissenting, crime of endangerment by controlled substance references child dependent on defendant)

446   

In re Election Contest Filed by Coday et al., 156 Wn.2d 485, 130 P.3d 809 (Mar 9, 2006) (dissenting, res judicata should not bar election contest where plaintiff not party to prior proceeding)

447   

Davenport v. WEA, 156 Wn.2d 543, 130 P.3d 352 (Mar 16, 2006) (dissenting, statute which requires consent of nonunion employee for political expenditure constitutional)

448   

State v. Bisson, 156 Wn.2d 507, 130 P.3d 820 (Mar 16, 2006) (dissenting, plea bargain should be vacated when defendant not accurately informed of sentence)

449   

In re Detention of Halgren, 156 Wn.2d 795, 132 P.3d 714 (Apr 13, 2006) (dissenting CR 35 exam improper in involuntary civil commitment proceeding)

450   

State v. Hosier, 157 Wn.2d 1, 133 P.3d 936 (May 11, 2006) (dissenting, communication with a minor for immoral purposes requires the minor receive the communication)

451   

State v. Clarke, 156 Wn.2d 880, 134 P.3d 188 (May 11, 2006) (dissenting, Blakely requires facts justifying an exceptional term be submitted to the jury)

452   

State v. McKenzie, 157 Wn.2d 44, 134 P.3d 221 (May 18, 2006) (dissenting, prosecutorial misconduct which likely affected the verdict calls for reversal)

453   

State v. Borboa, 157 Wn.2d 108, 135 P.3d 469 (June 1, 2006) (dissenting, for the same reasons as expressed in State v. Clarke, 156 Wn.2d 880 (May 11, 2006))

454   

Cobra Roofing Servs. v. Labor & Inds., 157 Wn.2d 90, 135 P.3d 913 (June 1, 2006) (dissenting, the Equal Access to Justice Act is not limited to proceedings under the APA)

455   

City of Sequim v. Malkasian, 157 Wn.2d 251, 138 P.3d 943 (July 13, 2006) (dissenting, declaratory injunction action against private citizen to keep initiative off ballot is nonjusticiable, and citizen should be awarded reasonable attorney fees)

456   

Disciplinary Proceeding against Haley, 157 Wn.2d 398, 138 P.3d 1044 (July 27, 2006) (dissenting, fee agreement is not a “business transaction” for purpose of RPC 1.8(a))

457   

TS, MS & KS v. BSA, 157 Wn.2d 416, 138 P.3d 1053 (July 27, 2006) (dissenting, state constitutional right to privacy creates a qualified privilege in context of civil discovery)

458   

State v. Cromwell, 157 Wn.2d 529, 140 P.3d 593 (Aug 10, 2006) (dissenting, statute prohibits manufacture of methamphetamine, not its salts)

459   

Amunrud v. Board of Appeals, 158 Wn.2d 208, 143 P.3d 571 (Sept 21, 2006) (dissenting, revocation of license on grounds unrelated to the reasons to license the activity violates due process)

460   

Disciplinary Proceeding against Greenlee, 158 Wn.2d 259, 143 P.3d 807 (Oct 5, 2006) (dissenting, attorney settlement of potential claim does not violate former RPC 1.8(h))

461   

City of Fircrest v. Jensen, 158 Wn.2d 384, 143 P.3d 776 (Oct 5, 2006) (dissenting, Act relating to admissibility of DUI tests unconstitutional)

462   

Pacific NW Shooting Park Ass’n v. City of Sequim, 158 Wn.2d 342, 144 P.3d 276 (Oct 12, 2006) (dissenting, statute which prohibits cities from regulating gun shows means cities can’t regulate gun shows and here it was a tort to do so)

463   

State v. Melhaff, 158 Wn.2d 363, 143 P.3d 824 (Oct 12, 2006) (dissenting, judge may not impose exceptional minimum sentence for a factor not found by jury)

464   

Mazon v. Krafchick, 158 Wn.2d 440, 144 P.3d 1168 (Oct 19, 2006) (dissenting, where no conflict of interest, lawyer should be able to recover prospective fees from negligent co-counsel)

465   

SuperValu Holdings, Inc. v. Dep’t of Labor & Indus., 158 Wn.2d 422, 144 P.3d 1160 (Oct 19, 2006) (dissenting, ergonomics regulations repealed by initiative may not be administratively reenacted under general duty clause)

466   

Gourley v. Gourley, 158 Wn.2d 460, 145 P.3d 1185 (Oct 26, 2006) (dissenting, subject of domestic violence protection order entitled to cross examine witnesses against him)

467   

State v. Gregory, 158 Wn.2d 759, 147 P.3d 1201 (Nov 30, 2006) (dissenting, jury instruction on consent and application of rape shield law was error)

468   

In re Detention of Audett, 158 Wn.2d 712, 147 P.3d 982 (Nov 30, 2006) (dissenting, remedy for improper CR 35 exam is reversal)

469   

Pierce County v. State, 159 Wn.2d 16, 148 P.3d 1002 (Dec 7, 2006 ) (dissenting, repeal of a tax pledged for bond repayment did not impair contract)

470   

State v. Dixon, 159 Wn.2d 65, 147 P.3d 991 (Dec. 7, 2006) (dissenting, child’s prior statement about lying was relevant and was admissible)

471   

State v. Easterlin, 159 Wn.2d 203, 149 P.3d 366 (Dec. 21, 2006) (dissenting, nexus between crime, firearm, and defendant must be alleged and proved for enhancement)

472   

State v. Jones, 159 Wn.2d 231, 149 P.3d 636 (Dec 28, 2006) (dissenting, 6th Amendment requires offense while on community placement must be found by jury)

473   

Cosmopolitan Eng’g Group v. Ondeo Degremont Inc., 159 Wn.2d 292, 149 P.3d 666 (Dec 28, 2006) (dissenting, under contractor’s bond statute, contractor may be liable for attorney fees in excess of bond)

474   

State v. Stout (Det. of Stout), 159 Wn.2d 357, 150 P.3d 86 (Jan. 4, 2007) (dissenting, right to confront witnesses against defendant applies to sex predator proceedings)

475   

State v. Stockwell, 159 Wn.2d 394, 150 P.3d 82 (Jan. 4, 2007) (dissenting, 1st degree statutory rape and 1st degree rape of a child are not legally comparable)

476   

State v. O’Neal, 159 Wn.2d 500, 150 P.3d 1121 (Jan 25, 2007) (dissenting, constructive possession of firearm doesn’t prove nexus to crime)

477   

Pham v. City of Seattle, 159 Wn.2d 527, 151 P.3d 976 (Feb 1, 2007) (dissenting, discounting lodestar attorney fees is devastating to civil rights plaintiffs)

478   

Valley/50th Ave LLC v. Stewart, 159 Wn.2d 736, 153 P.3d 186 (Mar 1, 2007) (dissenting, law firm did not violate ethical duty when it negotiated a payment of their fee with the client)

479   

State v. Conte, 159 Wn.2d 797, 154 P.3d 194 (Mar 15, 2007) (dissenting, failure to comply with Public Disclosure Act merits civil, not criminal, penalty)

480   

State v. Watson, 160 Wn.2d 1, 154 P.3d 909 (Apr 5, 2007) (dissenting, sex offender should not have to reregister after release from custody to same address)

481   

State v. Kirkman, 159 Wn.2d 918, 155 P.3d 125 (Apr 5, 2007) (dissenting, expert testimony on credibility should be excluded)

482   

Ford Motor Co. v. City of Seattle; Ford Motor Co. v. City of Tacoma, 160 Wn.2d 32, 156 P.3d 185 (Apr 12, 2007) (dissenting, auto sales to dealer from manufacturer occurred in Michigan and therefore cannot be taxed in Seattle or Tacoma)

483   

State v. Surge, 160 Wn.2d 65, 156 P.3d 208 (Apr 19, 2007) (dissenting, collection of prisoner DNA “search” under article I, § 7 of constitution)

484   

Sanders v. City of Seattle, 160 Wn.2d 198, 156 P.3d 874 (Apr 26 2007) (dissenting, prohibition of picket signs at monorail station violates First Amendment)

485   

City of Medina v. Primm, 160 Wn.2d 268, 157 P.3d 379 (May 3, 2007) (dissenting, municipal courts have no jurisdiction to try violations of other municipal codes)

486   

In re Disciplinary Proceeding against Marshall, 160 Wn.2d 317, 157 P.3d 859 (May 10, 2007) (dissenting, attorney discipline improper where no conflict of interest)

487   

State v. Chenoweth, 160 Wn.2d 454, 158 P.3d 595 (May 24, 2007) (dissenting, negligent misrepresentation of facts in warrant affidavit should be grounds to invalidate warrant)

488   

In re Discipline of Dornay, 160 Wn.2d 671, 161 P.3d 333 (June 21, 2007) (dissenting, attorney should not be disciplined for making statements which are literally true)

489   

Dep’t of Corrections v. Daniel, 160 Wn.2d 786, 161 P.3d 372 (July 6, 2007) (dissenting, prevailing party in arbitration should be entitled to prejudgment interest from date of arbitration award)

490   

State v. Young, 160 Wn.2d 799, 161 P.3d 967 (July 12, 2007) (dissenting, evidence not admissible as “excited utterance”)

491   

State v. Kronich, 160 Wn.2d 893, 161 P.3d 982 (July 12, 2007) (dissenting, DOL certification that defendant’s driver license is suspended is testimonial and inadmissible)

492   

State v. Mason, 160 Wn.2d 910, 162 P.3d 396 (July 19, 2007) (dissenting, violation of right to confront not harmless, forfeiture by wrongdoing should not be adopted, informing jury that death penalty not sought is reversible error)

493   

State v. Benn, 161 Wn.2d 256, 165 P.3d 1232 (Aug 23, 2007) (dissenting, blank verdict form is usually implied acquittal and is subject to double jeopardy protection)

494   

State v. Bennett, 161 Wn.2d 303, 165 P.3d 1241 (Aug 30, 2007) (dissenting, this reasonable doubt instruction violates due process)

495   

State v. Lord, 161 Wn.2d 276, 165 P.3d 1251 (Aug 30, 2007) (dissenting, exclusion of relevant defense evidence is not harmless)

496   

City of Pasco v. Shaw, 161 Wn.2d 450, 166 P.3d 1157 (Sept 13, 2007) (dissenting, warrantless residential searches are under color of law and violate state constitution)

497   

In re Personal Restraint of Borrero, 161 Wn.2d 532, 167 P.3d 1106 (Sept 13, 2007) (dissenting, convictions violate double jeopardy)

498   

Olver v. Fowler, 161 Wn.2d 655, 168 P.3d 348 (Sept 20, 2007) (dissenting, our meretricious relationship case law should not apply after both partners die)

499   

Colorado Structures v. Ins. Co. of the West, 161 Wn.2d 577, 167 P.3d 1125 (Sept 20, 2007) (dissenting, failure to declare default fatal to action on performance bond)

500   

State v. Yates, 161 Wn.2d 714, 168 P.3d 359 (Sept 27, 2007) (dissenting, excluding jurors fo