Opinions by Richard B. Sanders, Justice of the Washington Supreme Court

Current through June 7th, 2012

(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/)

Concurring Opinions

  1. 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)
  2. 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)
  3. Griffith v. City of Bellevue, 130 Wn.2d 189, 922 P.2d 83 (1996) (concurring, alleged technical defect in zoning appeal is not jurisdictional)
  4. 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)
  5. 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)
  6. 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)
  7. 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)
  8. 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)
  9. 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)
  10. 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)
  11. 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)
  12. 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)
  13. 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)
  14. Matter of Pearsall Stipek, 136 Wn.2d 255, 961 P.2d 343 (1998) (concurring, res judicata requires identity of parties, not interest)
  15. State v. Shultz, 138 Wn.2d 638, 980 P.2d 1265 (1999) (concurring, constitutionality of statutes reviewed de novo)
  16. 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)
  17. 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)
  18. 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)
  19. 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)
  20. 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)
  21. 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)
  22. 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”)
  23. 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)
  24. 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)
  25. State v. Vasquez, 148 Wn.2d 303, 59 P.3d 648 (Dec 19, 2002) (concurring, administrative determinations should not have preclusive effect)
  26. 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)
  27. 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)
  28. 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)
  29. 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)
  30. 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)
  31. 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)
  32. State v. Daniel Hughes, 154 Wn.2d 118, 110 P.3d 192 (Apr 14, 2005) (concurring, restitution order not properly challenged at trial court)
  33. 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)
  34. 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)
  35. Viking Properties v. Holm, 155 Wn.2d 112, 118 P.3d 322 (Aug 18, 2005) (concurring, minimum density requirement only hortative)
  36. 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)
  37. 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)
  38. 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)
  39. 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)
  40. State v. Levy, 156 Wn.2d 709, 132 P.3d 1076 (Apr 13, 2006) (concurring, error not harmless because of “clear evidence”)
  41. 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)
  42. 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)
  43. 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)
  44. 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)
  45. 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)
  46. Udall v. TD Escrow Servs, Inc., 159 Wn.2d 903, 154 P.3d 882 (Mar 29, 2007) (concurring, meaning of “plain meaning”)
  47. Arkison v. Ethan Allen, Inc., 160 Wn.2d 535, 160 P.3d 13 (May 31, 2007) (concurring, judicial estoppel requires three-part test)
  48. 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)
  49. 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)
  50. Beal Bank SSB v. Sarich, 161 Wn.2d 544, 167 P.3d 555 (Sept 13, 2007) (concurring, Washington Mutual decision should be overruled)
  51. 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)
  52. Lindeman v. Kelso Sch. Dist. #458, 162 Wn.2d 196, 172 P.3d 329 (Nov 15, 2007) (concurring)
  53. 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)
  54. 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)
  55. 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)
  56. 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)
  57. 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)
  58. 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)
  59. State v. Eggleston, 164 Wn.2d 61, 187 P.3d 233 (July 10, 2008) (concurring, state is collaterally estopped to impeach prior jury verdict)
  60. 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)
  61. 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)
  62. 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)
  63. State v. Koslowski, 166 Wn.2d 409, 209 P.3d 479 (June 18, 2009) (concurring, error not harmless based on “overwhelming evidence”)
  64. 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)
  65. 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)
  66. 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)
  67. 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)
  68. 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)
  69. State v. Jaime, 168 Wn.2d 857, 233 P.3d 554  (May 27, 2010) (concurring, expert testimony on eyewitness identification improperly excluded)
  70. 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)
  71. 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)
  72. Disciplinary Proceeding Against Eiler, 169 Wn.2d 340, 236 P.3d 873 (Aug 5, 2010) (concurring, reprimand appropriate sanction for this judge)
  73. 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)
  74. State v. Patel 170 Wash. 2Nd 476 Concurring: Attempted rape of a child crime does not depend on the identity of the targeted partner. State requires the intent to have sexual intercourse with a minor of specified age.

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