Opinions by
Current
through October 14, 2010
(Published
opinions available in most law libraries and LegalWA.org, recent ones also on
the Court’s Internet website: http://www.courts.wa.gov/opinions/)
I.
Majority Opinions
|
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
|
|
|
|
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. Dep’t 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. |
|
|
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 |
|
|
14
|
|
|
|
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 |
|
|
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. |
|
|
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 |
|
|
42
|
Staats v. Brown,
139 Wn.2d 757, 991 P.2d 615 ( |
|
|
43
|
Smith
v. |
|
|
44
|
Roberts
v. |
|
|
45
|
Kucera v.
DOT, 140 Wn.2d 200, 995 P.2d 63 ( |
|
|
46
|
State
v. McCarty, 140 Wn.2d 420, 998 P.2d 296 ( |
|
|
47
|
|
|
|
48
|
In
re Disciplinary Proceeding against Michael Tasker,141 Wn.2d 557, 9 P.3d
822 ( |
|
|
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 ( |
|
|
51
|
|
|
|
52
|
|
|
|
53
|
In
re the Pers. Restraint of Robert Perkins, 143 Wn.2d 261, 19 P.3d. 1027 ( |
|
|
54
|
Dinh v. Salins, 143 Wn.2d 378, 20 P.3d. 936 ( |
|
|
55
|
State
v. |
|
|
56
|
State
v. Vreen, 143 Wn.2d 923, 26 P.3d 236 ( |
|
|
57
|
State
v. Williams, 144 Wn.2d 197, 26 P.3d 890 ( |
|
|
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 ( |
|
|
60
|
In
re Bang D. Nguyen, 144 Wn.2d 516, 29 P.3d 689 ( |
|
|
61
|
State
v. Thomas Reid, 144 Wn.2d 621, 30 P.3d 465 ( |
|
|
62
|
City
of |
|
|
63
|
Guardianship
Estate of Danny Keffeler v. DSHS, 145 Wn.2d 1, 32
P.3d 267 ( |
|
|
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 ( |
|
|
66
|
Overton
v. Consolidated Ins. Co., 145 Wn.2d 417, 38 P.3d 322 ( |
|
|
67
|
State
v. Darden, 145 Wn.2d 612, 41 P.3d 1189 ( |
|
|
68
|
In
re Det. of Petersen, In re Det. 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 ( |
|
|
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
|
|
|
|
72
|
State
v. Lopez, 147 Wn.2d 515, 55 P.3d 609 ( |
|
|
73
|
|
|
|
74
|
All
Around Underground Inc. v. State, 148 Wn.2d 145, 60 P.3d 53 ( |
|
|
75
|
New
Hampshire Indemnity Co. v. Budget Rent-A-Car Systems, 148 Wn.2d 929, 64 P.3d
1239 ( |
|
|
76
|
Young
v. |
|
|
77
|
Shoop v. |
|
|
78
|
Kloepfel v. Bokor, 149 Wn.2d 192, 66 P.3d 630 ( |
|
|
79
|
State
v. Kindsvogel, 149 Wn.2d 477, 69 P.3d 870 ( |
|
|
80
|
State
v. DeRyke, 149 Wn.2d 906, 73 P.3d 1000 ( |
|
|
81
|
American
States Ins. Co. v. Symes of Silverdale, 150 Wn.2d
462, 78 P.3d 1266 ( |
|
|
82
|
Smith
v. Safeco Ins. Co., 150 Wn.2d 478, 78 P.3d 1274 ( |
|
|
83
|
Malted
Mousse v. Steinmetz, 150 Wn.2d 518, 79 P.3d 1154 ( |
|
|
84
|
|
|
|
85
|
State
v. Goodman, 150 Wn.2d 774, 83 P.3d 410 ( |
|
|
86
|
|
|
|
87
|
Butzberger v.
Foster, 151 Wn.2d 396, 89 P.3d 689 ( |
|
|
88
|
City
of |
|
|
89
|
State
v. Costich, 152 Wn.2d 463, 98 P.3d 795 (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 ( |
|
|
91
|
In
re Marriage of Langham & Kolde,
153 Wn.2d 553, 106 P.3d 212 ( |
|
|
92
|
In
re Parentage of C.A.M.A., 154 Wn.2d 52, 109 P.3d 405 ( |
|
|
93
|
State
v. Pulfrey, 154 Wn.2d 517, 111 P.3d 1162 ( |
|
|
94
|
Prison
Legal News Inc. v. Washington State Department of Corrections, 154 Wn.2d 628,
115 P.3d 316 ( |
|
|
95
|
Bunch
v. King County Dep’t of Youth Servs., 155 Wn.2d 165, 116 P.3d 381 ( |
|
|
96
|
State
v. Byron Lee Brown, 154 Wn.2d 787, 117 P.3d 336 ( |
|
|
97
|
Spokane
Research & Def. Fund v. City of |
|
|
98
|
State
v. Zachary Tinker, 155 Wn.2d 219, 118 P.3d 885, ( |
|
|
99
|
Association
of Washington Business v. Department of Revenue, 155 Wn.2d 430, 120 P.3d 46 ( |
|
|
100 |
State
v. Punsalan and State v. Hanson, 156 Wn.2d 875, 133 P.3d 934 ( |
|
|
101 |
Osborn
v. |
|
|
102 |
Heg v. Alldredge
,157 Wn.2d 154, 137 P.3d 9 ( |
|
|
103 |
In
re Estate of Kordon, 157 Wn.2d 206, 137 P.3d 16 ( |
|
|
104 |
Koenig
v. City of |
|
|
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 ( |
|
|
107 |
Ongom v. State,
159 Wn.2d 132, 148 P.3d 1029 ( |
|
|
108 |
Sleasman v.
City of |
|
|
109 |
Nelson
v. Appleway Chevrolet Inc., 160 Wn.2d 173, 157 P.3d 847 ( |
|
|
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; but see dissent to same opinion, 165 Wn.2d 627 (2009)) |
|
|
111 |
Bank
of America NA v. Prestance Corp., 160 Wn.2d 560,
160 P.3d 17 ( |
|
|
112 |
State
v. Womac, 160 Wn.2d 643, 160 P.3d 40 ( |
|
|
113 |
In
re Pers. Restraint of Skylstad, 160 Wn.2d 944, 162
P.3d 413 ( |
|
|
114 |
Crafts
v. Pitts, 161 Wn.2d 16, 162 P.3d 382 ( |
|
|
115 |
In
re Postsentence Review of Leach, 161 Wn.2d 180, 163
P.3d 782 ( |
|
|
116 |
Robert
Noble v. A&R Environmental Servs., 140 Wn App 29, 164 P.3d 519 ( |
|
|
117 |
In
re Termination of S.H., B.H., and M.H. (unpub), 2007 WL
2340792, 2007 Wn. App. LEXIS 2456 ( |
|
|
118 |
Qwest
Corp. v. City of |
|
|
119 |
State
v. |
|
|
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 Det. 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., 164 Wn.2d 768, 193 P.3d 1077 (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) |
|
|
131 |
State v. Garvin, 166 Wn.2d 242, 207 P.3d 1266 (May 28, 2009)
(for majority, stop and frisk search does not permit pocket squeeze) |
|
|
132 |
Homestreet, Inc. v. Dep’t of Revenue, 166 Wn.2d 444-, 210 P.3d 297
(June 18, 2009) (for majority, B&O tax on residential mortgage lender
invalid) |
|
|
133 |
Estate of Haselwood v. Bremerton
Ice Arena, Inc., 166 Wn.2d 489, 210 P.3d 308 (June 25, 2009) (for majority,
mechanics lien attaches to improvements on government owned property and has
priority as of the date materials are first delivered) |
|
|
134 |
Torgerson v. One Lincoln Tower, LLC,166 Wn.2d 510, 210 P.3d 318
(June 25, 2009) (for majority, real estate contract may lawfully limit
buyers’ remedies under these facts) |
|
|
135 |
State v. Eriksen, 166 Wn.2d 953, 216 P.3d 382 (Sep 17,
2009), opinion withdrawn (July 7, 2010) (for majority, tribal police officer
may pursue vehicle in fresh pursuit off the reservation) |
|
|
136 |
State v. Kenyon, 167 Wn.2d 130, 216 P.3d 1024 (Oct 1,
2009) (for majority, violation of the speedy trial rule requires dismissal) |
|
|
137 |
State v. King, 167 Wn.2d 324, 219 P.3d 642 (Oct 15, 2009)
(for majority, police cannot arrest out of jurisdiction) |
|
|
138 |
Magana v. Hyundai Motor Am., 167 Wn.2d 570, 220 P.3d 191
(Nov 25, 2009) (for majority, default judgment against Hyundai reinstated for
discovery abuse) |
|
|
139 |
State v. Harrington, 167 Wn.2d 656, 222 P.3d 92 (Dec 10,
2009) (for majority, warrantless search of person not consensual when
progressive intrusion and violates state constitution) |
|
|
140 |
State v. Valdez, 167 Wn.2d 761, 224 P.3d 751 (Dec 24,
2009) (for majority, warrantless search of automobile limited to actual
officer safety or prevent destruction
of evidence which prompted stop) |
|
|
141 |
In re Welfare of C.S., 168 Wn.2d 51, 225 P.3d 953 (for
majority, parent may not have parental rights terminated where state offered
no services to correct parental deficiencies, if any) |
|
|
142 |
Clayton v. Wilson, 168 Wn.2d 57, 227 P.3d 278 (for
majority, judgment for tort runs against tortfeasor
and marital community when committed while managing community business) |
|
|
143 |
State
v. Sieyes, 168 Wn.2d 276, 225 P.3d 995 (Feb 18, 2010) (for majority, Second
Amendment applies to states) |
|
|
144 |
State
v. Osman, 168 Wn.2d 632, 229 P.3d 729 (Mar 25, 2010)
(for majority, in a court of limited jurisdiction, loss of material part of
record requires new trial) |
|
|
145 |
State
v. Vance, 168 Wn.2d 754, 230 P.3d 1055 (May 6, 2010) (for majority,
exceptional sentence did not violate right to trial by jury) |
|
|
146 |
McCurry
v. Chevy Chase Bank, FSB, 169 Wn.2d 96, 233 P.3d 861 (June
24, 2010) (for majority, federal fact pleading standards to not apply in
Washington state courts and federal law does not preempt this claim) |
|
|
147 |
Little
Mtn Estates Tenants Ass’n
v. Little Mtn Estates MHC, LLC, 169 Wn.2d 265, 236
P.3d 193 (July 22, 2010) (for majority, landlords and tenants may sign 25
year lease that converts to 1 year upon assignment) |
|
|
148 |
State
v. Mitchell, -- Wn.2d --, 237 P.3d 282
(Aug 12, 2010) (for majority, starving child to point of physical incapacity
violates criminal statute) |
|
|
149 |
Segaline v.
Dep’t of Labor & Indus., -- Wn.2d --, 238 P.3d 1107 (Aug 19, 2010) (for
majority, government not subject to protection of anti-SLAPP statute) |
|
|
150 |
In
re Marriage of Freeman, -- Wn.2d --, -- P.3d --, 2010 WL 3432593 (Sep 2,
2010) (for majority, permanent protection order to be lifted when no longer
necessary) |
|
|
151 |
State
v. Doughty, -- Wn.2d --, -- P.3d --, 2010 WL 3705223 (Sep 23, 2010) (for
majority, mere presence at suspected drug house not grounds for investigative
seizure) |
|
|
152 |
Rousso v.
State, -- Wn.2d --, -- P.3d --, 2010 WL 3705186 (Sep 23, 2010) (for majority,
internet poker prohibition in Washington does not violate dormant commerce
clause) |
|
|
153 |
State
v. Eriksen, -- Wn.2d --, -- P.3d --, 2010 WL
4008887 (Oct 14, 2010) (for majority, tribal officer may pursue DUI suspect
off the reservation) |
|
|
154 |
City
of Seattle v. Holifield, -- Wn.2d --, -- P.3d --,
2010 WL 4008889 (Oct 14, 2010) (for majority, suppression of DUI test is a
remedy under CrRLJ 8.3(b) and writs of review shall
issue under criteria set by RAP 13.5(b)) |
|
|
155 |
Gregoire v. Oak Harbor, 170 Wn.2d 628, -- P.3d --,
( 2010) (for majority, suit against jail for inmate suicide is not barred by assumption of rish or conttributory negligence
on the part of inmate. |
|
II. Concurring Opinions
|
||
|
155 |
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) |
|
|
156 |
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) |
|
|
157 |
|
|
|
158 |
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) |
|
|
159 |
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) |
|
|
160 |
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) |
|
|
161 |
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 |
|
|
162 |
Noble
Manor Co. v. |
|
|
163 |
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) |
|
|
164 |
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) |
|
|
165 |
Lindberg
v. |
|
|
166 |
|
|
|
167 |
City
of |
|
|
168 |
Matter
of Pearsall‑Stipek, 136 Wn.2d 255,
961 P.2d 343 (1998) (concurring, res judicata requires identity of
parties, not interest) |
|
|
169
|
State
v. Shultz, 138 Wn.2d 638, 980 P.2d 1265 (1999) (concurring, constitutionality
of statutes reviewed de novo) |
|
|
170
|
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) |
|
|
171 |
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) |
|
|
172 |
Manufactured
Housing Communities v. State, 142 Wn.2d 347, 13 P.3d 183 ( |
|
|
173 |
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) |
|
|
174 |
City
of |
|
|
175 |
Vasquez
v. |
|
|
176 |
State
v. Fisher, 145 Wn.2d 209, 35 P.3d 366 ( |
|
|
177 |
The
Benchmark Land Company v. City of |
|
|
178 |
State
v. Smith (Wallace Michael), 148 Wn.2d 122, 59 P.3d 74 ( |
|
|
179 |
State
v. Vasquez, 148 Wn.2d 303, 59 P.3d 648 ( |
|
|
180 |
Michak v. Transnation Title Insurance Co., 148 Wn.2d 788, 64 P.3d
22 ( |
|
|
181 |
In re
Disciplinary Proceeding against Thomas Brothers, 149 Wn.2d 575, 70 P.3d 940 ( |
|
|
182 |
State
v. Garza, 150 Wn.2d 360, 77 P.3d 347 ( |
|
|
183 |
Grant
County Fire Prot. Dist. No. 5 v. City of Moses Lake, 150 Wn.2d 791, 83 P.3d
419 ( |
|
|
184 |
State
v. Mullin-Coston, 152 Wn.2d 107, 95 P.3d 321 ( |
|
|
185 |
Saddle
Mtn Minerals v. Joshi, 152 Wn.2d 242, 95 P.3d 1236
( |
|
|
186 |
State
v. Daniel Hughes, 154 Wn.2d 118, 110 P.3d 192 ( |
|
|
187 |
State
v. Michael Evans, 154 Wn.2d 438, 114 P.3d 627 ( |
|
|
188 |
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) |
|
|
189 |
Viking
Properties v. Holm, 155 Wn.2d 112, 118 P.3d 322 ( |
|
|
190 |
State
v. Gurske, 155 Wn.2d 134, 118 P.3d 333 ( |
|
|
191 |
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) |
|
|
192 |
State
v. Tracey Jade Johnston, 156 Wn.2d 355, 127 P.3d 707 ( |
|
|
193 |
State
v. Linton, 156 Wn.2d 777, 132 P.3d 127 ( |
|
|
194 |
State
v. Levy, 156 Wn.2d 709, 132 P.3d 1076 ( |
|
|
195 |
|
|
|
196 |
State
v. Zhao, 157 Wn.2d 188, 137 P.3d 835 ( |
|
|
197 |
State
v. Devin, 158 Wn.2d 157, 142 P.3d 599 ( |
|
|
198 |
Okeson v.
City of |
|
|
199 |
State
v. Pillatos, 159 Wn.2d 459, 150 P.3d 1130 ( |
|
|
200 |
Udall
v. TD Escrow Servs, Inc., 159 Wn.2d 903, 154 P.3d 882 ( |
|
|
201 |
Arkison v.
Ethan Allen, Inc., 160 Wn.2d 535, 160 P.3d 13 ( |
|
|
202 |
State
v. Watt, 160 Wn.2d 626, 160 P.3d 640 ( |
|
|
203 |
State
v. Kirkpatrick, 160 Wn.2d 873, 161 P.3d 990 ( |
|
|
204 |
Beal
Bank SSB v. Sarich, 161 Wn.2d 544, 167 P.3d 555 ( |
|
|
205 |
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 an |
|
|
206 |
Lindeman
v. Kelso Sch. Dist. #458, 162 Wn.2d 196, 172 P.3d 329 ( |
|
|
207 |
Washington
State Farm Bureau Fed’n v. Gregoire,
162 Wn.2d 284, 174 P.3d 1142 ( |
|
|
208 |
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) |
|
|
209 |
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) |
|
|
210 |
In
re Det. 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) |
|
|
211 |
In
re Det. of Lewis, 163 Wn.2d 188, 177 P.3d 708 (Feb 28, 2008) (concurring,
recent overt act may not be constitutionally redefined by legislature) |
|
|
212
|
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) |
|
|
213
|
State
v. Eggleston, 164 Wn.2d 61, 187 P.3d 233 (July 10, 2008) (concurring, state
is collaterally estopped to impeach prior jury
verdict) |
|
|
214
|
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) |
|
|
215
|
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) |
|
|
216
|
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) |
|
|
217
|
State
v. Koslowski, 166 Wn.2d 409, 209 P.3d 479 (June 18,
2009) (concurring, error not harmless based on “overwhelming evidence”) |
|
|
218
|
City
of Woodinville v. Northshore United Church of
Christ, 166 Wn.2d 633, 211 P.3d 406 (July 16, 2009) (concurring, government
may not license religious exercise, damages and attorney fees to church) |
|
|
219
|
In
re Pers. Restraint of Pullman, 167 Wn.2d 205, 218 P.3d 913 (Oct 8, 2009)
(concurring, prisoner has liberty interest in good time credit) |
|
|
220
|
State
v. Mandanas, 168 Wn.2d
84, 228 P.3d 13 (Jan 28, 2010) (concurring, unjust to double firearm
enhancement for one incident and one gun) |
|
|
221
|
State
v. A.N.J., 168 Wn.2d 91, 225 P.3d 956 (Jan 28,
2010) (concurring, court should appoint only lawyers who meet bar guidelines
to represent the indigent) |
|
|
222
|
Burt v. Dep’t of Corrections, 168
Wn.2d 828, 231 P.3d 191 (May 13, 2010) (concurring, judges should be
skeptical of collusive lawsuit to bar discovery of public records, and pro se
plaintiffs must be required to comply with civil rules) |
|
|
223
|
State v. Jaime, 168 Wn.2d 857, 233 P.3d 554 (May 27, 2010)
(concurring, expert testimony on eyewitness identification improperly
excluded) |
|
|
224
|
In re Disciplinary Proceeding Against
King, 168 Wn.2d 888, 232 P.3d 1095 (June 10, 2010) (concurring, lawyer under
ethical investigation has right to notice of disposition to be taken by bar) |
|
|
225
|
State v. Schaler,
169 Wn.2d 274, 236 P.3d 858 (July 29, 2010) (concurring in part, dissenting in
part, remand not necessary because no evidence of true threat) |
|
|
226
|
Disciplinary Proceeding Against Eiler, 169 Wn.2d 340, 236 P.3d 873 (Aug 5, 2010)
(concurring, reprimand appropriate sanction for this judge) |
|
|
227
|
State v. McCuistion,
-- Wn.2d --, 223 P.3d 1147 (Sep 2, 2010) (concurring, psychological expert
opinion on future dangerousness subject to exclusion under Frye test) |
|
III. Dissenting Opinions
|
228 |
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) |
|
229 |
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) |
|
230 |
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) |
|
231 |
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) |
|
232 |
State
v. |
|
233 |
Osborn
v. |
|
234 |
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) |
|
235 |
In
re the Welfare of Amyann J.R., No. 63964-7,
unpublished, |
|
236 |
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) |
|
237 |
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) |
|
238 |
Honey
v. |
|
239 |
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) |
|
240 |
Hillis v. Dep’t
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) |
|
241 |
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) |
|
242 |
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) |
|
243 |
City
of |
|
244 |
Ino Ino, Inc. v. City of |
|
245 |
In
re Clark Garen, B.A. No. 61, unpublished, |
|
246 |
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) |
|
247 |
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) |
|
248 |
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) |
|
249 |
|
|
250 |
State
v. Stenson, 132 Wn.2d 668, 940 P.2d 1239 (1997)
(dissenting, defendant unconstitutionally denied right to represent himself) |
|
251 |
Seeley
v. State, 132 Wn.2d 776, 940 P.2d 604 (1997) (dissenting, cancer patient has
constitutional right to medicinal marijuana) |
|
252 |
Matter
of Det. 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) |
|
253 |
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) |
|
254 |
Medcalf v.
State, Dep’t 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) |
|
255 |
State
v. Hamlet, 133 Wn.2d 314, 944 P.2d 1026 (1997) (dissenting, prejudicial
evidence is not harmless) |
|
256 |
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) |
|
257 |
State
v. Bourgeois, 133 Wn.2d 389, 945 P.2d 1120 (1997) (dissenting, evidence was
not harmless) |
|
258 |
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) |
|
259 |
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) |
|
260 |
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) |
|
261 |
Citizens
for |
|
262 |
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) |
|
263 |
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) |
|
264 |
Gerberding v. Munro,
134 Wn.2d 188, 949 P.2d 1366 (1998) (dissenting, term limits law does not
violate state constitution) |
|
265 |
Reninger
v. State Dep’t 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) |
|
266 |
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) |
|
267 |
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) |
|
268 |
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) |
|
269 |
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) |
|
270 |
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) |
|
271 |
Tiegs v. |
|
272 |
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) |
|
273 |
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) |
|
274 |
State, Dep’t 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) |
|
275 |
Weden v. |
|
276 |
Rhod‑A‑Zalea & 35th, Inc. v. |
|
277
|
Tran v. State Farm Fire and Cas. |
|
278
|
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) |
|
279
|
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) |
|
280
|
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) |
|
281
|
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) |
|
282
|
|
|
283
|
State v. |
|
284
|
Franks
& Son v. State, 136 Wn.2d 737, 966 P.2d 1232) (1998) (dissenting, dormant
commerce clause offended by trucking fee) |
|
285
|
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) |
|
286
|
|
|
287
|
Brower v. State, 137 Wn.2d 44, 969 P.2d 42 (1998)
(dissenting, football stadium not exempt from referendum as “public
emergency) |
|
288
|
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) |
|
289
|
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) |
|
290
|
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) |
|
291
|
PRP of Jonathan L. Gentry, 137 Wn.2d 378, 972 P.2d 1250
(1999) (dissenting, constitutional right violated when prosecution withheld
documents) |
|
292
|
|
|
|
State v. Studd, 137 Wn.2d 533,
973 P.2d 1049 (1999) (dissenting, an incorrect pattern instruction is not
invited error) |
|
294
|
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) |
|
295
|
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) |
|
296
|
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) |
|
297
|
Tradewell Group d/b/a Development Services of America v. City of |
|
298
|
Det. 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) |
|
299
|
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) |
|
300
|
PRP of Breedlove, 138 Wn.2d 298, 979 P.2d 417 (1999)
(dissenting, stipulation to an exceptional sentence insufficient to justify
it under statute) |
|
301
|
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) |
|
302
|
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) |
|
303
|
In re Ardis Clayton Trapp III,
Bar Applicant, unpublished ( |
|
304
|
Landmark Development v. City of |
|
305
|
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) |
|
306
|
CJC v. Corporation of Catholic Bishop, 138 Wn.2d 699, 985 P.2d
262 (1999) (concurring in dissents, no corporate responsibility for sex
abuse) |
|
307
|
Currens v. Sleek, 138 Wn.2d 858, 983 P.2d 626 (1999) (dissenting,
common enemy rule for water damage) |
|
308
|
PRP
of Ecklund, 139 Wn.2d 166, 985 P.2d 342 (Oct. 7,
1999) (dissenting, failure to confess crime insufficient basis to deny
parole) |
|
309
|
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) |
|
310
|
Det.
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) |
|
311
|
Det.
of Richard Turay, 139 Wn.2d 379, 986 P.2d 790 (Oct.
21, 1999) (No. 64100-5) (dissenting, same as Campbell, plus other issues) |
|
312
|
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) |
|
313
|
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) |
|
314
|
Trimble
v. |
|
315
|
|
|
316
|
Drinkwitz
& Caproni v. Alliant Techsystems, 140 Wn.2d
291, 996 P.2d 582 ( |
|
317
|
Allan
v. |
|
318
|
Sundquist
Homes, Inc. v. Snohomish County PUD #1, 140 Wn.2d 403, 997 P.2d 915 ( |
|
319
|
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) |
|
320
|
M.A.
Mortenson Co. v. Timberline Software Corp., 140
Wn.2d 568, 998 P.2d 305 ( |
|
321
|
State
ex rel. Evergreen Freedom Found. v. Washington Education Ass’n, 140 Wn.2d
615, 999 P.2d 602 ( |
|
322
|
In
re Det. of Donald Henrickson, 140 Wn.2d 686, 2 P.3d
473 ( |
|
323
|
State
v. |
|
324
|
In
re PRP of Mark Alan Crabtree, 141 Wn.2d 577, 9 P.3d 814 ( |
|
325
|
State
v. Bradley, 141 Wn.2d 731, 10 P.3d 358 ( |
|
326
|
State
v. Cecil Emil Davis, 141 Wn.2d 798, 10 P.3d 977 ( |
|
327
|
Postema v. Pollution
Control Hearings Bd., 142 Wn.2d 68, 11 P.3d 726 ( |
|
328
|
State
v. Williams, 142 Wn.2d 17, 11 P.3d 714 ( |
|
329
|
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) |
|
330
|
Haley
v. |
|
331
|
In
re PRP of Brent Allen Davis, 142 Wn.2d 165, 12 P.3d 603 ( |
|
332
|
In
re PRP of Darold J. Stenson,
142 Wn.2d 710, 16 P.3d 1 ( |
|
333
|
State
v. Negash Atsbeha, 142
Wn.2d 904, 16 P.3d 626 ( |
|
334
|
Hallauer v.
Spectrum Properties, 143 Wn.2d 126, 18 P.3d 540 ( |
|
335
|
State
v. Daniel Platt, 143 Wn.2d 242, 19 P.3d 412 ( |
|
336
|
In re
Pers. Restraint of Richard Dyer, 143 Wn.2d 384, 20 P.3d 907 ( |
|
337
|
In
re Pers. Restraint of Paul J. Becker, 143 Wn.2d 491, 20 P.3d 409 ( |
|
338
|
In
re Pers. Restraint of Cal Brown, 143 Wn.2d 431, 21 P.3d 687 ( |
|
339
|
State
v. Dwayne Anthony Woods, 143 Wn.2d 561, 23 P.3d 1046 ( |
|
340
|
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 an |
|
341
|
State
v. Elledge, 144 Wn.2d 62, 26 P.3d 271 ( |
|
342
|
State
v. Stein, 144 Wn.2d 236, 27 P.3d 184 ( |
|
343
|
PRP
of Connick, 144 Wn.2d 44, 28 P.3d 729 ( |
|
344
|
To-Ro
Trade Shows v. Collins, 144 Wn.2d 403, 27 P.3d 1149 ( |
|
345
|
State
v. Horrace, 144 Wn.2d 386, 28 P.3d 753 ( |
|
346
|
State
v. Vrieling, 144 Wn.2d 489, 28 P.3d 762 ( |
|
347
|
State
v. Heinsma, 144 Wn.2d 556, 29 P.3d 709 ( |
|
348
|
Recall
of Lakewood City Council, 144 Wn.2d 583, 30 P.3d 474 ( |
|
349
|
Babcock
v. Mason County Fire District, 144 Wn.2d
774, 30 P.3d 1261 ( |
|
350
|
State
v. Demery, 144 Wn.2d 753, 30 P.3d 1278 ( |
|
351
|
Kim
v. Lee, 145 Wn.2d 79, 31 P.3d 665 ( |
|
352
|
State
v. Breazeale, 144 Wn.2d 829, 31 P.3d 1155 ( |
|
353
|
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) |
|
354
|
State
v. Wheeler, 145 Wn.2d 116, 34 P.3d 799 ( |
|
355
|
State
v. Fire, 145 Wn.2d 152, 34 P.3d 1218 ( |
|
356
|
Pickett
v. Holland America Line, 145 Wn.2d 178, 35 P.3d 351 ( |
|
357
|
In
re Pers. Restraint of Stoudmire, 145 Wn.2d 258, 36
P.3d 1005 ( |
|
358
|
In
re Det. 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) |
|
359
|
Sedlacek v. Hillis, 145 Wn.2d 379, 36 P.3d 1014 ( |
|
360
|
State
v. McNeal, 145 Wn.2d 352, 37 P.3d 280 ( |
|
361
|
Rios
v. Dep’t of Labor & Indus., 145 Wn.2d 483, 39 P.3d 961 ( |
|
362
|
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) |
|
363
|
State
v. |
|
364
|
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) |
|
365
|
Asarco
Inc. v. Dep’t of Ecology, 145 Wn.2d 750, 43 P.3d 471 ( |
|
366
|
DOE
v. Campbell & Gwinn, 146 Wn.2d 1, 43 P.3d 4 ( |
|
367
|
City
of |
|
368
|
State
v. Rodriguez, 146 Wn.2d 260, 45 P.3d 541 ( |
|
369
|
King
v. |
|
370
|
Litowitz v. Litowitz, 146 Wn.2d 514, 48 P.3d 261 ( |
|
371
|
State
v. Schultz, 146 Wn.2d 540, 48 P.3d 301 ( |
|
372
|
State
v. Coria, 146 Wn.2d 631, 48 P.3d 980 ( |
|
373
|
Wingert v.
Yellow Freight System, Inc. 146 Wn.2d 841, 50 P.3d 256 ( |
|
374
|
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) |
|
375
|
PUD
No. 1 of |
|
376 |
State
v. Jeremy Read, 147 Wn.2d 238, 53 P.3d 26 ( |
|
377 |
WR
Enterprises Inc. v. Labor & Industries, 147 Wn.2d 213, 53 P.3d 504 ( |
|
378 |
In
re Det. of C.W., 147 Wn.2d 259, 53 P.3d 979 ( |
|
379 |
State
v. Brown, 147 Wn.2d 330, 58 P.3d 889 ( |
|
380 |
State
v. Borrero, 147 Wn.2d 353, 58 P.3d 245 ( |
|
381 |
PRP
of Hemenway, 147 Wn.2d 529, 55 P.3d 615 ( |
|
382 |
State
v. Schelin, 147 Wn.2d 562, 55 P.3d 632 ( |
|
383 |
Lawyers
Title Ins. Corp. v. Baik, 147 Wn.2d 536, 55 P.3d
619 ( |
|
384 |
State
v. Townsend, 147 Wn.2d 666, 57 P.3d 255 ( |
|
385 |
|
|
386 |
City
of |
|
387 |
McGowan
v. State, 148 Wn.2d 278, 60 P.3d 67 ( |
|
388 |
City
of |
|
389 |
Fraternal
Order of Eagles v. Grand Aerie of Fraternal Order of Eagles, 148 Wn.2d 224,
59 P.3d 655 ( |
|
390 |
State
v. Tili, 148 Wn.2d 350, 60 P.3d 1192 ( |
|
391 |
State
v. C.J., 148 Wn.2d 672, 63 P.3d 765 ( |
|
392 |
State
v. Acrey, 148 Wn.2d 738, 64 P.3d 594 ( |
|
393 |
Eggleston
v. |
|
394 |
State
v. Ward, State v. Baker, 148 Wn.2d 803, 64 P.3d 640 ( |
|
395 |
State
v. |
|
396 |
In
re Parentage of Jannot, 149 Wn.2d 123, 65 P.3d 664
( |
|
397 |
State
v. Banks, 149 Wn.2d 38, 65 P.3d 1198 ( |
|
398 |
In
re PRP of Tortorelli, 149 Wn.2d 82, 66 P.3d 606 ( |
|
399 |
Wash.
Ass’n of Neighborhood Stores v. State, 149 Wn.2d 359, 70 P.3d 920 ( |
|
400 |
State
v. DeSantiago, 149 Wn.2d 402, 68 P.3d 1065 ( |
|
401 |
State
v. Pauling, 149 Wn.2d 381, 69 P.3d 331( |
|
402 |
State
v. Khounvichai, 149 Wn.2d 557, 69 P.3d 862 ( |
|
403 |
MW
and AW v. DSHS, 149 Wn.2d 589, 70 P.3d 954 ( |
|
404 |
Citizens
for Responsible Wildlife Management v. State, 149 Wn.2d 622, 71 P.3d 644 ( |
|
405 |
Parents
Involved in Community Schools v. Seattle School Dist. No. 1, 149 Wn.2d 660,
72 P.3d 151 ( |
|
406 |
In
re Disciplinary Proceeding against Kagele, 149
Wn.2d 793, 72 P.3d 1067 (Jul 17, 2003) (dissenting, nonrefundable retainer
not necessarily excessive fee) |
|
407 |
State
v. Snedden, 149 Wn.2d 914, 73 P.3d 995 ( |
|
408 |
In
re PRP of Percer, 150 Wn.2d 41, 75 P.3d 488 ( |
|
409 |
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) |
|
410 |
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) |
|
411 |
State
v. Swenson, 150 Wn.2d 181, 75 P.3d 513 ( |
|
412 |
City
of |
|
413 |
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) |
|
414 |
State
v. Berube, 150 Wn.2d 498, 79
P.3d 1144 ( |
|
415 |
PRP
of Carlstad, 150 Wn.2d 583, 80 P.3d 587 ( |
|
416 |
Washington
Education Ass’n v. Washington Public Disclosure Comm’n, 150 Wn.2d 612, 80
P.3d 608 ( |
|
417 |
State
v. Cheatam, 150 Wn.2d 626, 81 P.3d 830 ( |
|
418 |
PRP
of Grasso, 151 Wn.2d 1, 84 P.3d 859 ( |
|
419 |
Sane
Transit v. Sound Transit, 151 Wn.2d 50, 85 P.3d 346 ( |
|
420 |
State
v. Carter, 151 Wn.2d 118, 85 P.3d 887 ( |
|
421 |
Blaney v.
Int’l Ass’n of Machinists & Aerospace Workers, 151 Wn.2d 203, 87 P.3d 757
( |
|
422 |
State
ex rel. Citizens Against Tolls v. Murphy, 151 Wn.2d 226, 88 P.3d 375
( |
|
423 |
State
v. Downing, 151 Wn.2d 265, 87 P.3d 1169
( |
|
424 |
Guardianship
Estate of Danny Keffeler, 151 Wn.2d 331, 88 P.3d
949 ( |
|
425 |
Western
Farm Service v. Olsen, 151 Wn.2d 645, 90 P.3d 1053, ( |
|
426 |
State
v. Goins, 151 Wn.2d 728, 92 P.3d
181 ( |
|
427 |
Otani v. Broudy, 151 Wn.2d 750, 92 P.3d
192 ( |
|
428 |
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) |
|
429 |
Marriage
of Horner, 151 Wn.2d 884, 93 P.3d 124 ( |
|
430 |
State
v. Thompson (James R.), 151 Wn.2d 793, 92 P.3d 228 ( |
|
431 |
Seattle
Police Officers Guild v. City of |
|
432 |
PRP of
David Higgins, 152 Wn.2d 155, 95 P.3d 330 ( |
|
433 |
Judd
v. ATT, 152 Wn.2d 195, 95 P.3d 337 ( |
|
434 |
Barrett
v. Lucky 7 Saloon, 152 Wn.2d 259, 96 P.3d 386 ( |
|
435 |
Christensen
v. Grant County Hospital Dist No. 1, 152 Wn.2d 299, 96 P.3d 957 ( |
|
436 |
State
v. Teal, 152 Wn.2d 333, 96 P.3d 974 ( |
|
437 |
City
of |
|
438 |
Yousoufian v.
Office of Ron Sims, 152 Wn.2d 421, 98 P.3d 463 ( |
|
439 |
State
v. Eckblad, 152 Wn.2d 515, 98 P.3d 1184 ( |
|
440 |
State
v. Bradshaw and State v. Latovlovici, 152 Wn.2d
528, 98 P.3d 1190 ( |
|
441 |
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) |
|
442 |
PRP
of Cecil Davis, 152 Wn.2d 647, 101 P.3d 1 ( |
|
443 |
Branson
v. |
|
444 |
PRP
of Turay, 153 Wn.2d 44, 101 P.3d 854 ( |
|
445 |
PRP
of Darold Stenson, 153
Wn.2d 137, 102 P.3d 151 ( |
|
446 |
Estate
of Margaret Black, 153 Wn.2d 152, 102 P.3d 796 ( |
|
447 |
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) |
|
448 |
State
v. Carneh, 153 Wn.2d 274, 103 P.3d 743 ( |
|
449 |
State
v. Willis, 153 Wn.2d 366, 103 P.3d 1213 ( |
|
450 |
State
v. Barnes, 153 Wn.2d 378, 103 P.3d 1219 ( |
|
451 |
Wash.
State Grange v. Locke, 153 Wn.2d 475, 105 P.3d 9 ( |
|
452 |
Thompson
v. King Feed & Nutrition Service, 153 Wn.2d 553, 105 P.3d 378 ( |
|
453 |
State
v. Roggenkamp, 153 Wn.2d 614, 106 P.3d 196 ( |
|
454 |
State
v. Robinson, 153 Wn.2d 689, 107 P.3d 90 ( |
|
455 |
In
re Marriage of Muhammad, 153 Wn.2d 795, 108 P.3d 779 ( |
|
456 |
Vallandigham v.
Clover Park Dist. # 400, 154 Wn.2d 16, 109 P.3d 805 ( |
|
457 |
State
v. Carter, 154 Wn.2d 71, 109 P.3d 823
( |
|
458 |
State
v. Law, 154 Wn.2d 85, 110 P.3d 717 ( |
|
459 |
PRP
of Markels, 154 Wn.2d 262, 111 P.3d 249 ( |
|
460 |
State
v. |
|
461 |
Ang v. Martin, 154 Wn.2d
477, 114 P.3d 637 ( |
|
462 |
State
v. Woods, 154 Wn.2d 613, 114 P.3d 1174 ( |
|
463 |
State
v. Hiett, 154 Wn.2d 560, 115 P.3d 274 ( |
|
464 |
James
v. |
|
465 |
Washington
State Farm Bureau Fed’n v. Sam Reed, 154 Wn.2d 668,
115 P.3d 301 ( |
|
466 |
City
of |
|
467 |
Bosteder v.
City of |
|
468 |
City
of |
|
469 |
City
of |
|
470 |
Tiffany
Family Trust Corp. v. City of |
|
471 |
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) |
|
472 |
State
v. Watson, 155 Wn.2d 574, 122 P.3d 903 ( |
|
473 |
In re
Recall of James West, 155 Wn.2d 659, 121 P.3d 1190 ( |
|
474 |
Roberson
v. Perez, 156 Wn.2d 33, 123 P.3d 844 ( |
|
475 |
Christensen
v.Royal Sch. Dist., 156 Wn.2d 62 ( |
|
476 |
State
v. Klein, 156 Wn.2d 102, 124 P.3d 644 ( |
|
477 |
City
of |
|
478 |
State
v. Shafer, 156 Wn.2d 381, 128 P.3d 87 ( |
|
479 |
Sheikh
v. Choe, 156 Wn.2d 441, 128 P.3d 574 ( |
|
480 |
State
v. Cooper, 156 Wn.2d 475, 128 P.3d 1234 ( |
|
481 |
In
re Election Contest Filed by Coday et al., 156 Wn.2d 485, 130 P.3d 809 ( |
|
482 |
|
|
483 |
State
v. Bisson, 156 Wn.2d 507, 130 P.3d 820 ( |
|
484 |
In
re Det. of Halgren, 156 Wn.2d 795, 132 P.3d 714 ( |
|
485 |
State
v. Hosier, 157 Wn.2d 1, 133 P.3d 936 ( |
|
486 |
State
v. Clarke, 156 Wn.2d 880, 134 P.3d 188 ( |
|
487 |
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) |
|
488 |
State
v. Borboa, 157 Wn.2d 108, 135 P.3d 469 ( |
|
489 |
Cobra
Roofing Servs. v. Labor & Inds., 157 Wn.2d 90,
135 P.3d 913 ( |
|
490 |
City
of |
|
491 |
Disciplinary
Proceeding against Haley, 157 Wn.2d 398, 138 P.3d 1044 ( |
|
492 |
TS,
MS & KS v. BSA, 157 Wn.2d 416, 138 P.3d 1053 ( |
|
493 |
State
v. Cromwell, 157 Wn.2d 529, 140 P.3d 593 ( |
|
494 |
Amunrud v.
Board of Appeals, 158 Wn.2d 208, 143 P.3d 571 ( |
|
495 |
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)) |
|
496 |
City
of |
|
497 |
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) |
|
498 |
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) |
|
499 |
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) |
|
500 |
SuperValu
Holdings, Inc. v. Dep’t of Labor & Indus., 158 Wn.2d 422, 144 P.3d 1160 ( |
|
501 |
Gourley
v. Gourley, 158 Wn.2d 460, 145 P.3d 1185 ( |
|
502 |
State
v. Gregory, 158 Wn.2d 759, 147 P.3d 1201 ( |
|
503 |
In
re Det. of Audett, 158 Wn.2d 712, 147 P.3d 982 (Nov
30, 2006) (dissenting, remedy for improper CR 35 exam is reversal) |
|
504 |
|
|
505 |
State
v. |
|
506 |
State
v. Easterlin, 159 Wn.2d 203, 149 P.3d 366 ( |
|
507 |
State
v. Jones, 159 Wn.2d 231, 149 P.3d 636 ( |
|
508 |
Cosmopolitan
Eng’g Group v. Ondeo Degremont Inc., 159 Wn.2d 292, 149 P.3d 666 ( |
|
509 |
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) |
|
510 |
State
v. Stockwell, 159 Wn.2d 394, 150 P.3d 82 ( |
|
511 |
State
v. O’Neal, 159 Wn.2d 500, 150 P.3d 1121 ( |
|
512 |
Pham
v. City of |
|
513 |
Valley/50th
Ave LLC v. Stewart, 159 Wn.2d 736, 153 P.3d 186 ( |
|
514 |
State
v. Conte, 159 Wn.2d 797, 154 P.3d 194 ( |
|
515 |
State
v. Watson, 160 Wn.2d 1, 154 P.3d 909 ( |
|
516 |
State
v. Kirkman, 159 Wn.2d 918, 155 P.3d 125 ( |
|
517 |
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 an |
|
518 |
State
v. Surge, 160 Wn.2d 65, 156 P.3d 208 ( |
|
519 |
Sanders
v. City of |
|
520 |
City
of |
|
521 |
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) |
|
522 |
State
v. Chenoweth, 160 Wn.2d 454, 158 P.3d 595 ( |
|
523 |
In
re Discipline of Dornay, 160 Wn.2d 671, 161 P.3d
333 ( |
|
524 |
Dep’t
of Corrections v. Daniel, 160 Wn.2d 786, 161 P.3d 372 ( |
|
525 |
State
v. Young, 160 Wn.2d 799, 161 P.3d 967 ( |
|
526 |
State
v. Kronich, 160 Wn.2d 893, 161 P.3d 982 ( |
|
527 |
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) |
|
528 |
State
v. Benn, 161 Wn.2d 256, 165 P.3d 1232 ( |
|
529 |
State
v. Bennett, 161 Wn.2d 303, 165 P.3d 1241 ( |
|
530 |
State
v. Lord, 161 Wn.2d 276, 165 P.3d 1251 ( |
|
531 |
City
of |
|
532 |
In
re Pers. Restraint of Borrero, 161 Wn.2d 532, 167
P.3d 1106 ( |
|
533 |
Olver v.
Fowler, 161 Wn.2d 655, 168 P.3d 348 ( |
|
534 |
Colorado
Structures v. Ins. Co. of the West, 161 Wn.2d 577, 167 P.3d 1125 ( |
|
535 |
State
v. Yates, 161 Wn.2d 714, 168 P.3d 359 (Sept 27, 2007) (dissenting, excluding
jurors for general disagreement to death penalty is constitutional error) |
|
536 |
Stevens
v. Brink’s Home Sec. Inc., 162 Wn.2d 42, 169 P.3d 473 ( |
|
537 |
In
re PRP of Elmore, 162 Wn.2d 236, 172 P.3d 335 ( |
|
538 |
In
re PRP of Bowman, 162 Wn.2d 325, 172 P.3d 681( |
|
539 |
In re Disciplinary Proceeding against Day, 162 Wn.2d 527,
173 P.3d 915 (Dec 20, 2007) (dissenting, suspension is presumptive sanction
for sexual assault) |
|
540 |
In re Pers. Restraint of Dalluge,
162 Wash.2d 814, 177 P.3d 675 (Jan 17,
2008) (dissenting, when community custody tolls the conditions also toll) |
|
541 |
Ventenbergs v. City of Seattle, 163 Wn.2d 92, 178
P.3d 960 (Feb 21, 2008) (dissenting, exclusive waste hauling franchise
violates privileges and immunities clause) |
|
542 |
McNabb v. Dep’t of Corrections, 163 Wn.2d 393 180 P.3d
1257 (Apr 10, 2008) (dissenting, force-feeding hunger striker violates constitution) |
|
543 |
State v. Phillip Hicks; State v. Rashad
Babbs, 163 Wn.2d 477, 181 P.3d 831 (April 24, 2008)
(dissenting, it is error to inform jury that the death penalty is not sought
an |
|
544 |
State
v. Ramos, 163 Wn.2d 654, 184 P.3d 1256 (June 12, 2008) (dissenting, double
jeopardy bars retrial) |
|
545 |
In
re Det. of Young, 163 Wn.2d 684, 185 P.3d 1180 (June 12, 2008)
(dissenting, contempt not on available
sanction for refusal to submit to mental examination) |
|
546 |
In re
Disciplinary Proceeding against Trejo, 163 Wash.2d 701, 185 P.3d 1160 (June 12, 2008) (dissenting, attorney should not be
suspended because employee stole from trust account) |
|
547 |
State
v. Schwab, 163 Wn.2d 664, 185 P.3d
1151 (June 12, 2008) (dissenting,
vacated conviction cannot be resurrected) |
|
548 |
State
v. Flores, 164 Wn.2d 1, 186 P.3d 1038 (June 26, 2008) (violation of right to
confront is not harmless) |
|
549 |
State v. Modica, 164 Wn.2d 83, 186
P.3d 1062 (July 10, 2008) (dissenting, privacy act applies to jail
telephones) |
|
550 |
In
re PRP of Dyer, 164 Wn.2d 274, 189 P.3d 759 (Aug 7, 2008) (dissenting,
improper to deny parole because inmate refuses to confess guilt) |
|
551 |
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) |
|
552 |
Am.
Legion Post #149 v. Dep’t of Health,
164 Wn.2d 570, 192 P.3d 306 (Sep 11, 2008) (dissenting, private club not
bound by antismoking statute) |
|
553 |
Brutsche v.
City of Kent, 164 Wn.2d 664, 193 P.3d 110 (Oct 2, 2008) (dissenting, police
use of battering ram on doors after offer of keys by property owner presents
an issue of fact whether tactic was necessary, and if so, entitled the owner
to just compensation under article I, section 16 for the damaging) |
|
554 |
State
v. Warren, 165 Wn.2d 17, 195 P.3d 940 (Nov 20, 2008) (dissenting,
prosecutorial misconduct is reversible error and no contact order with wife violates
right to marriage) |
|
555 |
Griffin
v. Thurston County, 165 Wn.2d 50, 196 P.3d 141 (Nov 20, 2008) (dissenting,
on-site sewage system conformed to county code) |
|
556 |
In
re PRP of Bonds, 165 Wn.2d 135, 196 P.3d 672 (Nov 26, 2008) (dissenting, equitable
tolling of time to file PRP applies when court delays decision on original
petition) |
|
557 |
City
of Tukwila v. Garrett, 165 Wn.2d 162 196 P.3d 681 (Nov 26, 2008) (dissenting,
municipal court jury improperly impaneled when no residents of city are on
jury) |
|
558 |
State
v. Smith, 165 Wn.2d 511, 199 P.3d 386 (Jan 22, 2009) (dissenting, warrantless
search of home unconstitutional) |
|
559 |
State
v. Daniels, 165 Wn.2d 627, 200 P.3d 711 (Feb 12, 2009) (dissenting, double
jeopardy violation when retried based on unable-to-agree instruction). |
|
560 |
WA
State Major League Baseball Stadium Pub. Facil.
Dist. v. Huber, Hunt & Nichols-Kiewit Constr., 165 Wn.2d 679, 202 P.3d 924
(Mar 5, 2009) (dissenting, baseball stadium claim not exempt from 6-year
statute of limitations) |
|
561 |
State
v. Kirwin, 165 Wn.2d 818, 203 P.3d 1044 (Mar 26,
2009) (dissenting, search of car incident to arrest for littering is invalid) |
|
562 |
State
v. Wright, 165 Wn.2d 783, 203 P.3d 1027 (Mar 26, 2009) (dissenting, double
jeopardy bars re-prosecution where jury does not return a verdict on first
prosecution) |
|
563 |
In
re Marriage of Bernard, 165 Wn.2d 895, 204 P.3d 907 (Apr 9, 2009) (dissenting,
prenuptial agreement not procedurally unfair) |
|
564 |
State
v. Powell,166 Wn.2d 73, 206 P.3d 321 (Apr 30, 2009) (dissenting, testimony
regarding prior use of drugs before burglary reversible error) |
|
565 |
State
v. Thomas, 166 Wn.2d 380, 208 P.3d 1107 (June 11, 2009) (dissenting, jury
improperly instructed on aggravated murder factors and jury not race neutral) |
|
566 |
Morgan
v. Kingen, 166 Wn.2d 526, 210 P.3d 995 (July 2,
2009) (dissenting, employees did not “willfully” refuse to pay employees when
forced into involuntary bankruptcy by IRS) |
|
567 |
Det.
of Anderson, 166 Wn.2d 543, 211 P.3d 994 (July 9, 2009) (dissenting,
consensual sex is not a “recent overt act” under sex predator statute) |
|
568 |
City
of Bellevue v. Lee, 166 Wn.2d 581, 210 P.3d 1011 (July 9, 2009) (dissenting,
driver license suspension statute offends due process) |
|
569 |
In
re Disciplinary Proceeding Against Vanderveen, 166
Wn.2d 594, 211 P.3d 1008 (July 16, 2009) (dissenting, failure to file form
with IRS merits suspension because it is not dishonest) |
|
570 |
State
v. McCormick, 166 Wn.2d 689, 213 P.3d 32 (Aug 6, 2009) (dissenting,
revocation of community release for violating a condition should require state
to prove defendant reasonably should have known he was in violation at time) |
|
571 |
City
of Seattle v. St. John, 166 Wn.2d 941, 215 P.3d 194 (Sep 10, 2009)
(dissenting, refusal of consent to take breath sample in DUI arrest precludes
search warrant to take blood sample) |
|
572 |
State
v. Kilgore, 167 Wn.2d 28, 216 P.3d 393 (Sep 24, 2009) (dissenting, finality
of judgment for Blakely purposes is when trial court acts on remand) |
|
573 |
Det.
of Moore, 167 Wn.2d 113, 216 P.3d 1015 (Oct 1, 2009) (dissenting, to prove a
person is currently dangerous, sexually violent predator expert testimony
must demonstrate, absent commitment, the individual will reoffend in the near
future) |
|
574 |
State
v. O’Hara, 167 Wn.2d 91, 217 P.3d 756 (Oct 1, 2009) (dissenting, “malicious
trespass or other malicious interference with . . . personal property” does
not require evil intent) |
|
575 |
Det.
of Strand, 167 Wn.2d 180, 217 P.3d 1159 (Oct 8, 2009) (dissenting, government
may not compel an evaluation under the Sexually Violent Predator statute
prior to filing the SVP petition) |
|
576 |
Abbey
Road Group LLC v. City of Bonney Lake, 167 Wn.2d
242, 218 P.3d 180 (Oct 8, 2009) (dissenting, local ordinances which deny the property
owner the right to vest when he sees fit violates due process) |
|
577 |
Det.
of Fair, 167 Wn.2d 357, 219 P.3d 89 (Oct 22, 2009) (dissenting, in sexually
violent predator proceeding, proof of a recent overt act is required if
person released from confinement after sex offense but before SVP petition
filed) |
|
578 |
In
re Pers. Restraint of Duncan, 167 Wn.2d 398, 219 P.3d 666 (Oct 22, 2009)
(dissenting, evidentiary errors in Sexually Violent Predator trial) |
|
579 |
State
v. Webb, 167 Wn.2d 470, 219 P.3d 695 (Oct 29, 2009) (dissenting, abatement ab initio doctrine is still good law and makes sense) |
|
580 |
State
v. Pugh, 167 Wn.2d 825, 225 P.3d 892 (Dec 31, 2009) (dissenting, “face to
face” means “face to face” in state constitution’s confrontation clause) |
|
581 |
Schnall v.
AT&T Wireless Servs, 168 Wn.2d 125, 225 P.3d
929 (Jan 21, 2010) (dissenting, class action should have been
certified) |
|
582 |
State
v. Fry, 168 Wn.2d 1, 228 P.3d 1 (Jan 21, 2010) (dissenting, no probable cause
for warrant to search for marijuana) |
|
583 |
State
v. Gamble, 168 Wn.2d 161, 225 P.3d 973 (Jan 28, 2010) (dissenting, other
possible charges merge with felony murder) |
|
584 |
In
re Disciplinary Proceeding Against Cramer, 168 Wn.2d 220, 225 P.3d 881 (Feb 11,
2010) (dissenting, lawyer did not act dishonestly and should be suspended,
not disbarred) |
|
585 |
State
v. Gonzalez, 168 Wn.2d 256, 226 P.3d 131 (Feb 18, 2010) (dissenting, second
restitution order violated statute and double jeopardy) |
|
586 |
State
v. Sibert, 168 Wn.2d 306, 230 P.3d 142 (Feb 25,
2010) (dissenting, State must state each element of the crime in its to-convict instruction) |
|
587 |
In
re Personal Restraint of Clark, 168 Wn.2d 581, 230 P.3d 156 (Apr 8, 2010)
(dissenting, judgment is invalid on face, therefore PRP is timely) |
|
588 |
SEIU Healthcare v. Gregoire, 168 Wn.2d 593, 229 P.3d 774 (Apr 8, 2010) (concurring in dissent, governor should
have been ordered to include health care workers’ pay raises in budget, and
case should have been decided promptly with opinion to follow) |
|
589 |
Lawson
v, City of Pasco, 168 Wn.2d 675, 230 P.3d 1038 (Apr 15, 2010) (dissenting, Pasco ordinance which bars RVs
in trailer parks violates statute ) |
|
590 |
In
re Disciplinary Proceeding Against Preszler, 169 Wn2d 1, 232 P.3d 1118 (June 17, 2010) (dissenting,
suspend lawyer for 12 months) |
|
591 |
S.
Tacoma Way, LLC v. State, 169 Wn.2d 118, 233 P.3d 871 (June 24, 2010) (dissenting, Department of Transportation
sale of land without statutory notice is ultra vires) |
|
592 |
Sound
Infiniti, Inc. v. Snyder, 169 Wn.2d 199, 237 P.3d 241 (July 22, 2010)
(dissenting, shareholders divested by reverse stock split have standing to
sue) |
|
593 |
G-P
Gypsum Corp. v. Dep’t of Revenue, 169 Wn.2d 304, 237 P.3d 256 (July 29, 2010)
(dissenting, Tacoma’s natural gas use tax inapplicable when delivery first
taken outside of Tacoma) |
|
594 |
Proctor
v. Huntington, -- Wn.2d --, 238 P.3d 1117 (Aug 19, 2010) (dissenting, court
is without authority to transfer property to trespasser who builds structure
on another’s property) |
|
595 |
State
v. Bunker, -- Wn.2d --, 238 P.3d 487 (Aug 26, 2010) (dissenting, statute does
not criminalize all violations of no-contact orders, only those where arrest
is required) |
|
596 |
State
v. Kintz, -- Wn.2d --, 238 P.3d 470 (Aug 26, 2010)
(dissenting, the phrase “separate occasions” in stalking statute is ambiguous
and must be strictly construed) |
|
597 |
In
re Disciplinary Proceeding Against Shepard, --
Wn.2d --, -- P.3d --, 2010 WL 3504857 (Sep 9, 2010) (dissenting, lawyer
should be suspended six months rather than two years) |
|
598 |
Guillen v.
Contreras, -- Wn.2d --, 238 P.3d 1168 (Sep 9, 2010) (dissenting, limiting
award of reasonable attorney fees in forfeiture proceeding is error) |
|
599 |
City
of Port Angeles v. Our Water, Our Choice, -- Wn.2d --, -- P.3d --, 2010 WL
3705236 (Sep 23, 2010) (dissenting, power of local initiative must be
protected) |
|
600 |
Hudson
v. Hapner, -- Wn.2d --, -- P.3d --, 2010 WL 3705230
(Sep 23, 2010) (dissenting, request for trial de novo can be withdrawn at any
trial) |
|
601 |
City
of Aberdeen v. Regan, -- Wn.2d --, -- P.3d --, 2010 WL 3785299 (Sep 30, 2010)
(dissenting, there is no violation of parole requiring “no criminal
violations of law” where parolee is acquitted) |
|
602 |
State
v. Ish, -- Wn.2d --, -- P.3d --, 2010 WL 3911355
(Oct 7, 2010) (dissenting, reference to “truth telling” condition of plea
agreement not harmless) |