Opinions by Richard B Sanders

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/)

Dissenting Opinions

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)
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)
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)
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)
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)
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)
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)
In re the Welfare of Amyann J.R., No. 63964-7, unpublished, July 17, 1996 (dissenting, appointed counsel in indigent appeal must be paid reasonable and adequate fee as per market standards)
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)
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)
Honey v. Davis, 131 Wn.2d 212, 930 P.2d 908 (1997) (dissenting, something about suretyship)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
State v. Stenson, 132 Wn.2d 668, 940 P.2d 1239 (1997) (dissenting, defendant unconstitutionally denied right to represent himself)
Seeley v. State, 132 Wn.2d 776, 940 P.2d 604 (1997) (dissenting, cancer patient has constitutional right to medicinal marijuana)
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)
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)
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)
State v. Hamlet, 133 Wn.2d 314, 944 P.2d 1026 (1997) (dissenting, prejudicial evidence is not harmless)
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)
State v. Bourgeois, 133 Wn.2d 389, 945 P.2d 1120 (1997) (dissenting, evidence was not harmless)
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)
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)
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)
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)
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)
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)
Gerberding v. Munro, 134 Wn.2d 188, 949 P.2d 1366 (1998) (dissenting, term limits law does not violate state constitution)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Weden v. San Juan County, 135 Wn.2d 678, 958 P.2d 273 (1998) (dissenting, absolute ban of jet skis offends due process)
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)
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)
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)
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)
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)
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)
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)
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)
Franks & Son v. State, 136 Wn.2d 737, 966 P.2d 1232) (1998) (dissenting, dormant commerce clause offended by trucking fee)
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)
Torrance v. King County, 136 Wn.2d 783, 966 P.2d 891 (1998) (dissenting, Growth Management Act violated by improper agricultural designation of land)
Brower v. State, 137 Wn.2d 44, 969 P.2d 42 (1998) (dissenting, football stadium not exempt from referendum as “public emergency)
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)
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)
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)
PRP of Jonathan L. Gentry, 137 Wn.2d 378, 972 P.2d 1250 (1999) (dissenting, constitutional right violated when prosecution withheld documents)
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)
State v. Studd, 137 Wn.2d 533, 973 P.2d 1049 (1999) (dissenting, an incorrect pattern instruction is not invited error)
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)
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)
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)
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)
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)
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)
PRP of Breedlove, 138 Wn.2d 298, 979 P.2d 417 (1999) (dissenting, stipulation to an exceptional sentence insufficient to justify it under statute)
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)
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)
In re Ardis Clayton Trapp III, Bar Applicant, unpublished (July 14, 1999) (dissenting, application to practice law improperly denied)
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)
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)
CJC v. Corporation of Catholic Bishop, 138 Wn.2d 699, 985 P.2d 262 (1999) (concurring in dissents, no corporate responsibility for sex abuse)
Currens v. Sleek, 138 Wn.2d 858, 983 P.2d 626 (1999) (dissenting, common enemy rule for water damage)
PRP of Ecklund, 139 Wn.2d 166, 985 P.2d 342 (Oct. 7, 1999) (dissenting, failure to confess crime insufficient basis to deny parole)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
In re Det. of Donald Henrickson, 140 Wn.2d 686, 2 P.3d 473 (May 18, 2000) (dissenting, recent overt act required to commit sex predator)
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)
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)
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)
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)
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)
State v. Williams, 142 Wn.2d 17, 11 P.3d 714 (Oct 19, 2000) (dissenting, apartment guest has automatic standing to contest unconstitutional search)
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)
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)
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)
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)
State v. Negash Atsbeha, 142 Wn.2d 904, 16 P.3d 626 (Feb 01, 2001) (dissenting, brain damage relevant to diminished capacity defense)
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)
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)
In re Pers. 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)
In re Pers. 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
In re Pers. 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)
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)
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)
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)
State v. Stein, 144 Wn.2d 236, 27 P.3d 184 (July 12, 2001) (dissenting, remedy for unnecessary delay should be dismissal)
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)
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)
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)
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)
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”)
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)
Babcock v. Mason County Fire District, 144 Wn.2d 774, 30 P.3d 1261 (Sept 13, 2001) (dissenting, public duty doctrine should be discarded)
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)
Kim v. Lee, 145 Wn.2d 79, 31 P.3d 665 (Sept 20, 2001) (dissenting, doctrine of equitable subrogation applicable to replacement mortgage)
State v. Breazeale, 144 Wn.2d 829, 31 P.3d 1155 (Sept 27, 2001) (dissenting, state patrol should have been held in contempt)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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”)
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)
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)
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)
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)
State v. Rodriguez, 146 Wn.2d 260, 45 P.3d 541 (May 2, 2002) (dissenting, remedy for denial of fair trial is new trial)
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)
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)
State v. Schultz, 146 Wn.2d 540, 48 P.3d 301 (June 20, 2002) (dissenting, pretrial no contact order expires at final judgment)
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)
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)
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)
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)
State v. Jeremy Read, 147 Wn.2d 238, 53 P.3d 26 (Sep 5, 2002) (dissenting, opinion evidence inadmissible in murder trial)
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)
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)
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)
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)
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)
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)
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)
State v. Townsend, 147 Wn.2d 666, 57 P.3d 255 (Nov 7, 2002) (dissenting, recording of instant interactive internet communications violates privacy act)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
State v. Wilson, 149 Wn.2d 1, 65 P.3d 657 (Mar 13, 2003) (dissenting, criminal charges may be dismissed for governmental misconduct)
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)
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)
In re PRP of Tortorelli, 149 Wn.2d 82, 66 P.3d 606 (Apr 10, 2003) (dissenting, submerged trees not owned by state)
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)
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)
State v. Pauling, 149 Wn.2d 381, 69 P.3d 331(May 22, 2003) (dissenting, we should not rewrite extortion statute to save it)
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)
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)
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)
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)
In re Disciplinary Proceeding against Kagele, 149 Wn.2d 793, 72 P.3d 1067 (Jul 17, 2003) (dissenting, nonrefundable retainer not necessarily excessive fee)
State v. Snedden, 149 Wn.2d 914, 73 P.3d 995 (Aug 7, 2003) (dissenting, indecent exposure is not a “crime against a person”)
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)
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)
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)
State v. Swenson, 150 Wn.2d 181, 75 P.3d 513 (Sep 4, 2003) (dissenting, speedy trial rule expired)
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)
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)
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)
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)
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)
State v. Cheatam, 150 Wn.2d 626, 81 P.3d 830 (Dec 11, 2003) (dissenting, warrantless seizure from jail locker violates constitution)
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)
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)
State v. Carter, 151 Wn.2d 118, 85 P.3d 887 (Mar 11, 2004) (dissenting, inspection of inner working of firearm requires a warrant)
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)
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)
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)
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)
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)
State v. Goins, 151 Wn.2d 728, 92 P.3d 181 (Jun 10, 2004) (dissenting, inconsistent verdicts require reversal)
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)
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)
Marriage of Horner, 151 Wn.2d 884, 93 P.3d 124 (Jun 24, 2004) (dissenting, this appeal is moot and should be dismissed)
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)
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”)
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)
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)
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)
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)
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)
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)
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)
State v. Eckblad, 152 Wn.2d 515, 98 P.3d 1184 (Oct 14, 2004) (dissenting, seat belt statute unconstitutionally vague)
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)
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)
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)
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)
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)
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)
Estate of Margaret Black, 153 Wn.2d 152, 102 P.3d 796 (Dec 9, 2004) (dissenting, will should have been admitted to probate)
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)
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)
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)
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)
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)
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)
State v. Roggenkamp, 153 Wn.2d 614, 106 P.3d 196 (Feb 10, 2005) (dissenting, definition of reckless driving)
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)
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)
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)
State v. Carter, 154 Wn.2d 71, 109 P.3d 823 (Apr 14, 2005) (dissenting, instructional error requires reversal)
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)
PRP of Markels, 154 Wn.2d 262, 111 P.3d 249 (May 5, 2005) (dissenting, Crawford rules apply retroactively)
State v. Davis, 154 Wn.2d 291, 111 P.3d 844 (May 12, 2005) (dissenting) 911 call inadmissible hearsay and violated right to confrontation)
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)
State v. Woods, 154 Wn.2d 613, 114 P.3d 1174 (June 30, 2005) (for plurality, competency of small child not established)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
In re Recall of James West, 155 Wn.2d 659, 121 P.3d 1190 (Oct 26, 2005) (dissenting, recall petition legally and factually insufficient)
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)
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)
State v. Klein, 156 Wn.2d 102, 124 P.3d 644 (Dec 15, 2005) (dissenting, drug addiction is not a “mental disease”)
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)
State v. Shafer, 156 Wn.2d 381, 128 P.3d 87 (Feb 9, 2006) (dissenting, testimonial statements of child may violate confrontation clause)
Sheikh v. Choe, 156 Wn.2d 441, 128 P.3d 574 (Feb 16, 2006) (dissenting, DSHS liable for negligent placement of foster children)
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)
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)
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)
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)
In re Det. of Halgren, 156 Wn.2d 795, 132 P.3d 714 (Apr 13, 2006) (dissenting CR 35 exam improper in involuntary civil commitment proceeding)
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)
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)
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)
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))
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)
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)
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))
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)
State v. Cromwell, 157 Wn.2d 529, 140 P.3d 593 (Aug 10, 2006) (dissenting, statute prohibits manufacture of methamphetamine, not its salts)
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)
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))
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
State v. Kirkman, 159 Wn.2d 918, 155 P.3d 125 (Apr 5, 2007) (dissenting, expert testimony on credibility should be excluded)
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)
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)
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)
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)
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)
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)
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)
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)
State v. Young, 160 Wn.2d 799, 161 P.3d 967 (July 12, 2007) (dissenting, evidence not admissible as “excited utterance”)
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)
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)
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)
State v. Bennett, 161 Wn.2d 303, 165 P.3d 1241 (Aug 30, 2007) (dissenting, this reasonable doubt instruction violates due process)
State v. Lord, 161 Wn.2d 276, 165 P.3d 1251 (Aug 30, 2007) (dissenting, exclusion of relevant defense evidence is not harmless)
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)
In re Pers. Restraint of Borrero, 161 Wn.2d 532, 167 P.3d 1106 (Sept 13, 2007) (dissenting, convictions violate double jeopardy)
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)
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)
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)
Stevens v. Brink’s Home Sec. Inc., 162 Wn.2d 42, 169 P.3d 473 (Oct 18, 2007) (dissenting, vehicle used to commute to job is not a “workplace”)
In re PRP of Elmore, 162 Wn.2d 236, 172 P.3d 335 (Nov 21, 2007) (dissenting, 6th Amendment violated when counsel is ineffective in capital case)
In re PRP of Bowman, 162 Wn.2d 325, 172 P.3d 681(Nov 21, 2007) (dissenting, drive-by shooting should not be predicate for second degree felony murder)
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)
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)
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)
McNabb v. Dep’t of Corrections, 163 Wn.2d 393 180 P.3d 1257 (Apr 10, 2008) (dissenting, force-feeding hunger striker violates constitution)
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 and to remove African-American juror)
State v. Ramos, 163 Wn.2d 654, 184 P.3d 1256 (June 12, 2008) (dissenting, double jeopardy bars retrial)
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)
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)
State v. Schwab, 163 Wn.2d 664, 185 P.3d 1151 (June 12, 2008) (dissenting, vacated conviction cannot be resurrected)
State v. Flores, 164 Wn.2d 1, 186 P.3d 1038 (June 26, 2008) (violation of right to confront is not harmless)
State v. Modica, 164 Wn.2d 83, 186 P.3d 1062 (July 10, 2008) (dissenting, privacy act applies to jail telephones)
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)
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)
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)
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)
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)
Griffin v. Thurston County, 165 Wn.2d 50, 196 P.3d 141 (Nov 20, 2008) (dissenting, on-site sewage system conformed to county code)
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)
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)
State v. Smith, 165 Wn.2d 511, 199 P.3d 386 (Jan 22, 2009) (dissenting, warrantless search of home unconstitutional)
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).
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)
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)
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)
In re Marriage of Bernard, 165 Wn.2d 895, 204 P.3d 907 (Apr 9, 2009) (dissenting, prenuptial agreement not procedurally unfair)
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)
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)
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)
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)
City of Bellevue v. Lee, 166 Wn.2d 581, 210 P.3d 1011 (July 9, 2009) (dissenting, driver license suspension statute offends due process)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
Schnall v. AT&T Wireless Servs, 168 Wn.2d 125, 225 P.3d 929 (Jan 21, 2010) (dissenting, class action should have been certified)
State v. Fry, 168 Wn.2d 1, 228 P.3d 1 (Jan 21, 2010) (dissenting, no probable cause for warrant to search for marijuana)
State v. Gamble, 168 Wn.2d 161, 225 P.3d 973 (Jan 28, 2010) (dissenting, other possible charges merge with felony murder)
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)
State v. Gonzalez, 168 Wn.2d 256, 226 P.3d 131 (Feb 18, 2010) (dissenting, second restitution order violated statute and double jeopardy)
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)
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)
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)
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 )
In re Disciplinary Proceeding Against Preszler, 169 Wn2d 1, 232 P.3d 1118 (June 17, 2010) (dissenting, suspend lawyer for 12 months)
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)
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)
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)
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)
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)
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)
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)
Guillen v. Contreras, -- Wn.2d --, 238 P.3d 1168 (Sep 9, 2010) (dissenting, limiting award of reasonable attorney fees in forfeiture proceeding is error)
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)
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)
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)
State v. Ish, -- Wn.2d --, -- P.3d --, 2010 WL 3911355 (Oct 7, 2010) (dissenting, reference to “truth telling” condition of plea agreement not harmless)
Port Angeles v. Our Water Our Choice 170 Wash. 2Nd 1 (2010) (dissenting, anti floridation initiative properly before voters.)
Hudson V. Harper 170 Wash. 2Nd 22 (2010) (dissenting, party has right to withdraw request for trial de novo.)
Aberdeen v. Regan 170 Wash. 2Nd 103 Dissent: Acquittal of criminal charge bars parole revocation based on “violations of law”.
State v. Ish 170 Wash. 2Nd 189 Dissent: Reference to “truth telling” condition of informant's plea agreement by prosecution was not harmless error.
PRP of Adolph 170 Wash. 2Nd 556 Dissent: Copy of DOL driving record abstract insufficient to prove criminal history.
State v. Hager 171 Wash. 2Nd 151 Dissent: Police testimony on veracity of defendant violates right to fair trial and is prejudicial.
Sehnall v. AT&T 171 Wash. 2Nd 260 Dissent: Trial court abused it discretion when it denied nationwide certification as a class action.
Detention of West 171 Wash. 2Nd 383 Dissent: Trial court erred when it allowed inadmissible testimony from state's witness in sex predator trial and erred again when it quashed a defense subpoena for state expert's records.
State v. Martin 171 Wash. 2Nd 521 Dissent: State argument that defendant “tailored” his testimony based on pictiral discovery violated Art. 1 § 22 of state constitution.
(In Re: Dependency of KNJ 171 Wash. 2Nd 568)
Seattle v. May 171 Wash. 2Nd 847 Dissent: A permanent protection requires an affirmative finding for it to extend beyond one year. This one didn't.

Home