Richard Sanders Washington Supreme Court

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

Current through October 18, 2007

( Published opinions available in most law libraries; see also http://www.courts.wa.gov/opinions/ and http://www.legalwa.org )

I. Majority Opinions

	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)
	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)
	Griffin v. Eller, 130 Wn.2d 58, 922 P.2d 788 (1996) (for majority, upholds exemption to Washington anti-discrimination statute for employers with 8 or fewer employees)
	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)
	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)
	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)
	Black v. Dept. of Labor & Indus., 131 Wn.2d 547, 933 P.2d 1025 (1997) (for majority, injured worker entitled to have his case heard on merits where service of process made on attorney for State)
	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)
	Malyon v. Pierce County, 131 Wn.2d 779, 935 P.2d 1272 (1997) (for majority, volunteer chaplains for the Pierce County Sheriff’s Dep’t do not violate religious establishment clause)
	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)
	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)
	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)
	Pasco Police Officers' Ass'n v. City of Pasco, 132 Wn.2d 450, 938 P.2d 827 (1997) (for majority, proposed management rights clause may be bargained to impasse and union did not fail to bargain in good faith)
	Monroe v. Soliz, 132 Wn.2d 414, 939 P.2d 205 (1997) (for majority, statute requiring aggravated juvenile offenders may be segregated in adult prisons is constitutional)
	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")
	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)
	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)
	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)
	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))
	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)
	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)
	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
	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)
	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)
	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)
	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)
	Vintage Const. Co. v. City of Bothell, 135 Wn.2d 833, 959 P.2d 1090 (1998) (for majority, impact fee on development is not fee in lieu of dedication)
	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)
	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)
	McCoy v. American Suzuki Motor Corp., 136 Wn.2d 350, 961 P.2d 952 (1998) (for majority, rescuer doctrine applies to product liability action)
	Kottler v. State, 136 Wn.2d 437, 963 P.2d 834 (1998) (for majority, joint and several liability requires judgment against tortfeasor)
	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)
	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)
	State v. Ladson, 138 Wn.2d 343, 979 P.2d 833 (1999) (No. 65801-3) (for majority, pretextual stop violates Washington Constitution)
	Miller v. Tacoma, 138 Wn.2d 318, 979 P.2d 429 (1999) (No. 65597-9) (for majority, Open Public Meetings Act, RCW 42.30, violated by balloting in executive session)
	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)
	State v. Sabas Cruz, 139 Wn.2d 186, 985 P.2d 384 (Oct. 7, 1999) (for majority, felony "washout" amendments not retroactive)
	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)
	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)
	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)
	Harbour Village Apartments v. City of Mukilteo, 139 Wn.2d 604, 989 P.2d 542 (Dec 16, 1999) (No. 66920-1) (for majority, tax on rental apartment units is unconstitutional property tax)
	Staats v. Brown, 139 Wn.2d 757, 991 P.2d 615 (Jan 06, 2000) (No. 65681-9) (for majority, no qualified immunity for use of excessive force or state law immunity for false arrest)
	Smith v. Bates Technical College, 139 Wn.2d 793, 991 P.2d 1135 (Jan 27, 2000) (No. 67374-8) (for majority, common law tort of wrongful discharge not limited to "at will" employees)
	Roberts v. Dudley, 140 Wn.2d 58, 993 P.2d 901 (Feb 17, 2000) (for majority, common law tort of wrongful employment discharge may be founded on public policy against gender discrimination)
	Kucera v. DOT, 140 Wn.2d 200, 995 P.2d 63 (Mar 16, 2000) (No. 68428-6) (for majority, injunction against high-speed ferries not justified by State Environmental Protection Act)
	State v. McCarty, 140 Wn.2d 420, 998 P.2d 296 (Apr 27, 2000) (for majority, information charging conspiracy to deliver drugs insufficient)
	Mendoza v. Rivera-Chavez, 140 Wn.2d 659, 999 P.2d 29 (May 18, 2000) (for majority, felony exclusion in insurance policy void under public policy)
	In re Disciplinary Proceeding against Michael Tasker ,141 Wn.2d 557, 9 P.3d 822 (Sep 14, 2000) (for majority, attorney who commingles personal and client funds in trust account should be suspended)
	International 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)
	Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wn.2d 654, 15 P.3d. 115 (Dec 21, 2000) (for majority, insured entitled to coverage without aggregate limit on property damage)
	Griffin v. West RS, Inc., 143 Wn.2d 81, 18 P.3d 558 (Feb 22, 2001) (for majority no proximate cause linking landlord to criminal assault on tenant)
	Moore v. Whitman County, 143 Wn.2d 96, 18 P.3d. 566 (Feb 22, 2001) (for majority, Eastern Washington Growth Management Board has no jurisdiction over counties not required to plan under GMA)
	In re the Personal Restraint of Robert Perkins, 143 Wn.2d 261, 19 P.3d. 1027 (Mar 15, 2001) (for majority, proper for Court of Appeals to transfer successive PRP to Supreme Court for disposition on the merits)
	Dinh v. Salins, 143 Wn.2d 378, 20 P.3d. 936 (Apr 12, 2001) (for majority, trial court lacks authority to enter discovery orders once case has been assigned to mandatory arbitration)
	State v. Clark, 143 Wn.2d 731, 24 P.3d 1006 (Jun 7, 2001) (for majority, details of prior conviction inadmissible in death penalty phase of capital proceeding)
	State v. Vreen, 143 Wn.2d 923, 26 P.3d 236 (Jun 21, 2001) (for majority, erroneous denial of peremptory challenge to juror is reversible error)
	State v. Williams, 144 Wn.2d 197, 26 P.3d 890 (Jun 28, 2001) (for majority, use of term "mental health" in harassment statute is unconstitutionally vague and overbroad)
	Panorama Village Condo. 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)
	State v. Marshall (Henry Lewis), 144 Wn.2d 266, 27 P.3d 192 (July 19, 2001) (for majority, in capital case, guilty plea must be vacated where competency in doubt and hearing not convened)
	In re Bang D. Nguyen,144 Wn.2d 130, 29 P.3d 689 (Aug 23, 2001) (for majority, state’s burden is to prove its case by clear, cogent, and convincing evidence in medical disciplinary case)
	State v. Thomas Reid, 144 Wn.2d 621, 30 P.3d 465 (Sept 6, 2001) (for majority, insanity acquittee must be released from confinement when he is no longer mentally ill)
	City of Kent v. Beigh, 145 Wn.2d 33, 32 P.3d 258 (Oct 11, 2001) (for majority, blood sample properly suppressed in DUI prosecution)
	Guardianship Estate of Danny Keffeler v. DSHS, 145 Wn.2d 1, 32 P.3d 267 (Oct 11, 2001) (for majority, under federal law the state may not reimburse itself from social security benefits of foster children)
	Snyder v. Medical 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)
	Polley v. Stokes, 145 Wn.2d 341, 37 P.3d 1211 (Dec 27, 2001) (for majority, decree awarding "one half the equity" in real property references monetary award, not division of realty)
	Overton v. Consolidated Ins. Co.,145 Wn.2d 417, 38 P.3d 322 (Jan 17, 2002) (for majority, condition known to insured when purchasing insurance precludes coverage for "occurrence")
	State v. Darden, 145 Wn.2d 612, 41 P.3d 1189 (Mar 7, 2002) (for majority, no privilege to exclude from cross-examination in criminal case the location of secret police surveillance post)
	In re Detention of Petersen, In re Detention of Thorell, 145 Wn.2d 789, 42 P.3d 952 (Mar 21, 2002) (for majority, "probable cause" in annual sex predator review requires prima facie showing of eligibility for release, and discovery permitted)
	Firth v. Lu, 146 Wn.2d 608, 49 P.3d 117 (Jun 27, 2002) (for majority, agreement to transfer shares in housing cooperative outside statute of frauds)
	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)
	Bell v. State, 147 Wn.2d 166, 52 P.3d 503 (Aug 22, 2002) (for majority, proximate cause must be proved in parolee negligent supervision case)
	State v. Lopez, 147 Wn.2d 515, 55 P.3d 609 (Oct 10, 2002) (for majority, evidentiary failure to prove prior "strikes" requires resentencing on same record)
	Willoughby v. L&I, Cain v. L&I, 147 Wn.2d 725, 57 P.3d 611 (Nov 14, 2002) (for majority, denial of L&I benefits to some prisoners offends due process)
	All Around Underground Inc. v. State, 148 Wn.2d 145, 60 P.3d 53 (Dec 12, 2002) (for majority, state patrol regulation requiring automatic impoundment is unlawful)
	New Hampshire Indem. Co. v. Budget Rent-A-Car Sys., 148 Wn.2d 929, 64 P.3d 1239 (Mar 13, 2003) (for majority, super escape clause in insurance policy will be enforced)
	Shoop v. Kittitas County, 149 Wn.2d 29, 65 P.3d 1194 (Apr 3, 2003) (for majority, filing case in wrong county is not jurisdictional defect and may be corrected by change of venue)
	Young v. Clark, 149 Wn.2d 130, 65 P.3d 1192 (Apr 3, 2003) (for majority), filing case in wrong county is not jurisdictional defect and may be corrected by change of venue)
	Kloepfel v. Bokor, 149 Wn.2d 192, 66 P.3d 630 (Apr 17, 2003) (for majority, tort of outrage requires no objective symptoms)
	State v. Kindsvogel, 149 Wn.2d 477, 69 P.3d 870 (Jun 5, 2003) (for majority, speedy trial rule not violated when no mandatory joinder of criminal charges)
	State v. DeRyke, 149 Wn.2d 906, 73 P.3d 1000 (Aug 7, 2003) (for majority, instructional error on attempted rape was harmless)
	American States Ins. Co. v. Symes of Silverdale, 150 Wn.2d 62, 78 P.3d 1266 (Nov 6, 2003) (for majority, arson fire ignited by debtor in possession does not merit exclusion of coverage for estate in bankruptcy)
	Smith v. Safeco Ins. Co., 150 Wn.2d 478, 78 P.3d 1274 (Nov 6, 2003) (for majority, insurer's bad faith is question of fact, Ellwein overruled)
	Malted Mousse v. Steinmetz, 150 Wn.2d 518, 79 P.3d 1154 (Nov 13, 2003) (for majority, trial de novo is exclusive review of mandatory arbitration award)
	Mt. Adams Sch. District v. William D. Cook, 150 Wn.2d 716, 81 P.3d 111 (Dec 18, 2003) (for majority, teacher's claim of wrongful termination subject to arbitration)
	State v. Goodman, 150 Wn.2d 774, 83 P.3d 410 (Jan 15, 2004) (for majority, possession of "meth" sufficiently charged in criminal information)
	Clark v. Baines, 150 Wn.2d 905, 84 P.3d 245 (Feb 5, 2004) (for majority, Alford plea cannot estop counterclaim for malicious prosecution of subsequent civil action)
	Butzberger v. Foster, 151 Wn.2d 396, 89 P.3d 689 (May 6, 2004) (for majority, motorist injured while attempting rescue entitled to UIM coverage)
	City of Redmond v. Moore, 151 Wn.2d 664, 91 P.3d 875 (Jun 3, 2004) (for majority, suspension of license without hearing offends due process)
	State v. Costich, 152 Wn.2d 558, 99 P.3d 881 (Oct 7, 2004) (for majority, settlement offer in condemnation action 30 days before trial is valid)
	Schrom & Bloomfield v. Board for Volunteer Firefighters, 153 Wn.2d 19, 100 P.3d 814 (Nov 18, 2004) (for majority, clerk is not "firefighter" for pension purposes)
	In re Marriage of Langham & Kolde, 153 Wn.2d 553, 106 P.3d 212 (Feb 10, 2005) (for majority, stock options are converted when exercised)
	In re Parentage of C.A.M.A., 154 Wn.2d 52, 109 P.3d 405 (Apr 7, 2005) (for majority, third party visitation statute unconstitutional)
	State v. Pulfrey, 154 Wn.2d 517, 111 P.3d 1162 (May 19, 2005) (for majority, officer may arrest and then exercise discretion to release)
	Prison Legal News Inc. v. Washington State Department of Corrections, 154 Wn.2d 628, 115 P.3d 316 (Jul 14, 2005) (for majority, DOC may be required to disclose more documents under PDA)
	Bunch v. King County Dep’t of Youth Servs., 155 Wn.2d 165, 116 P.3d 381 (Jul 21, 2005) (for majority, remittitur of personal injury damage award improper)
	State v. Byron Lee Brown, 154 Wn.2d 787, 117 P.3d 336 (Aug 4, 2005) (for majority, seeking identification from passenger in traffic stop absent reasonable suspicion or warrant requires evidence suppression)
	Spokane Research & Def. Fund v. City of Spokane, 155 Wn.2d 89, 117 P.3d 1117 (Aug 11, 2005) (for majority, Public Disclosure Act penalties are not nullified by untimely disclosure by agency nor is causal connection required)
	State v. Zachary Tinker, 155 Wn.2d 219, 118 P.3d 885, (Sep 1, 2005) (for majority, charge of third degree theft need not allege value of property stolen)
	Association of Washington Business v. Department of Revenue, 155 Wn.2d 430, 120 P.3d 46 (Sep 22, 2005) (for majority, agency may publish interpretive rules)
	State v. Punsalan and State v. Hanson, 156 Wn.2d 875, 133 P.3d 934 (May 4, 2006) (for majority, indigent criminal defendants who retain private counsel are entitled to receive necessary expenses from government)
	Heg v. Alldredge ,157 Wn.2d 154, 137 P.3d 9 (June 22, 2006) (for majority, mere nonuse of easement isn’t abandonment)
	Koenig v. City of Des Moines, 158 Wn.2d 173, 142 P.3d 162 (Aug 31, 2006) (for majority, under public disclosure act, redacted documents regarding child molestation must be disclosed)
	Scoccolo Const. Inc. v. City of Renton, 158 Wn.2d 508, 145 P.3d 371 (Oct 26, 2006) (for majority, utilities were "actiing" for city, thus contract clause providing no damages for delay is invalid
	Wright v. Colville Tribal Enterprises Corp., 159 Wn.2d 108, 147 P.3d 1275 (Dec 7, 2006) (for majority, tribal sovereign immunity protects tribal enterprise)
	Ongom v. State, 159 Wn.2d 132, 148 P.3d 1029 (Dec 14, 2006) (for majority, burden of proof to suspend a nurse's license is clear, cogent, and convincing)
	Sleasman v. City of Lacey, 159 Wn.2d 639, 151 P.3d 990 (Feb 8, 2007) (for majority, "developed" property is a finished lot suitable for improvement or sale)
	Nelson v. Appleway Chevrolet, Inc., 160 Wn.2d 173, 157 P.3d 847 (Apr 26, 2007) (for majority, add-on of B&O tax above purchase price prohibited)
	State v. Daniels, 160 Wn.2d 256, 156 P.3d 905 (May 3, 2007) (for majority, jeopardy doesn't terminate when no implied acquittal)
	Bank of America NA v. Prestance Corp., 160 Wn.2d 560, 160 P.3d 17 (June 7, 2007) (for majority, lender can be equitably subrogated to first lienholder notwithstanding actual knowledge)
	State v. Womac, 160 Wn.2d 643, 160 P.3d 40 (June 14, 2007) (for majority, convictions for multiple offenses stemming from same criminal conduct violate double jeopardy)
	In re Pers. Restraint of Skylstad, 160 Wn.2d 944, 162 P.3d 413 (July 19, 2007) (for majority, one year time bar on PRPs does not start to run while sentence is on appeal)
	Crafts v. Pitts, 161 Wn.2d 16, 162 P.3d 382 (July 19, 2007) (for majority, claim for specific performance not discharged in bankruptcy)
	In re Postsentence Review of Leach, 161 Wn.2d 180, 163 P.3d 782 (Aug 2, 2007) (for majority, pursuant to statutory definition, a "crime against persons" does not include attempted second degree assault)
	Robert Noble v. A&R Environmental Servs., -- Wn. App. --, 164 P.3d 519 (Aug 7, 2007) (Pro Tem) (for majority, dissolution of Limited Liability Corp. must comply with RCW 25.15.300)
	In re Termination of S.H., B.H., and M.H. (unpub), 2007 WL 2340792, 2007 Wn. App. LEXIS 2456 (Aug 16, 2007) (Pro Tem) (for majority, termination of parental rights was not in error)
	Qwest Corp. v. City of Bellevue, -- Wn.2d --, 166 P.3d 667 (Aug 30, 2007) (for majority, utility occupation tax on phone company unlawful)
	State v. Hatchie, -- Wn.2d --, 166 P.3d 698 (Sept 6, 2007) (for majority, misdemeanor arrest warrant is authority of law to search residence in some cases)
	State v. Reep, -- Wn.2d --, 167 P.3d 1156 (Sept 27, 2007) (for majority, search warrant violates 4th Amendment’s particularity requirement)
II. Concurring Opinions
	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)
	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)
	Griffith v. City of Bellevue, 130 Wn.2d 189, 922 P.2d 83 (1996) (concurring, alleged technical defect in zoning appeal is not jurisdictional)
	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)
	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)
	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)
	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)
	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)
	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)
	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)
	Lindberg v. 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)
	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)
	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)
	Matter of Pearsall-Stipek, 136 Wn.2d 255, 961 P.2d 343 (1998) (concurring, res judicata requires identity of parties, not interest)
	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. 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)
	State v. Shultz, 138 Wn.2d 638, 980 P.2d 1265 (1999) (concurring, constitutionality of statutes reviewed de novo)
	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)
		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)
		State ex rel. Evergreen Freedom Found. v. Washington Educ. 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)
		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)
		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)
		Liberty Mutual Ins. Co. v. Tripp, 144 Wn.2d 1, 25 P.3d 997 (Jun 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)
		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)
		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)
		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 high, number of cars)
		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)
		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")
		In re Detention of Brooks, 145 Wn.2d 275, 36 P.3d 1034 (Dec 27, 2001) (concurring in part, dissenting in part, proof beyond reasonable doubt in sex predator statute requires proof that prisoner will reoffend, not that he will likely reoffend)
		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)
		The Benchmark Land Co. 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)
		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)
		State v. Vasquez, 148 Wn.2d 303, 59 P.3d 648 (Dec 19, 2002) (concurring, administrative determination should not have preclusive effect)
		Michak v. Transnation Title Ins. Co., 148 Wn.2d 788, 64 P.3d 22 (Mar 6, 2003) (concurring, title insurer need not insure property not conveyed to insured)
		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)
		State v. Garza, 150 Wn.2d 360, 77 P.3d 940 (Oct 9, 2003) (concurring, CrR 3.4 does not require a defendant to notify trial court of involuntary absence)
		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)
		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)
		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 court)
		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)
		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. Daniel Hughes, 154 Wn.2d 118, 110 P.3d 192 (Apr 14, 2005) (concurring, restitution order not properly challenged at trial court)
		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)
		Viking Properties v. Holm, 155 Wn.2d 112, 118 P.3d 322 (Aug 18, 2005) (concurring, minimum density requirement only hortative)
		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)
		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)
		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)
		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)
		State v. Levy, 156 Wn.2d 709, 132 P.3d 1076 (Apr 13, 2006) (concurring, error not harmless because of “clear evidence”)
		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)
		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)
		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)
		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)
		Udall v. TD Escrow Servs., Inc., 159 Wn.2d 903, 154 P.3d 882 (Mar 29, 2007) (concurring, meaning of "plain meaning")
		Arkison v. Ethan Allen, Inc., 160 Wn.2d 535, 160 P.3d 13 (May 31, 2007) (concurring, judicial estoppel requires three-part test)
		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)
		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)
		Beal Bank SSB v. Sarich, -- Wn.2d --, 167 P.3d 555 (Sept 13, 2007) (concurring, Washington Mutual decision should be overruled)
		State v. Posey, -- Wn.2d --, 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)

III. 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. Dept. of Ecology, 131 Wn.2d 373, 932 P.2d 139 (1997) (dissenting, Department of Ecology should be held to law requiring it to timely process water rights applications, 8 year delay unlawful)
	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, 938 P.2d 309 (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 Detention of McClatchey, 133 Wn.2d 1, 940 P.2d 646 (1997) (dissenting, sexual predator who does not receive treatment during confinement is punished and double jeopardy applies)
	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, Dept. of Licensing, 133 Wn.2d 290, 944 P.2d 1014 (1997) (dissenting, defendant should have been able to offer evidence that compulsive disorder prevented ability to consent to Breathalyzer subject to evidentiary threshold)
	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 Dept. of Corrections, 134 Wn.2d 437, 951 P.2d 782 (1998) (dissenting, civil servant may sue government employer for constructive discharge and is not barred by administrative collateral estoppel)
	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, Dept. of Ecology v. Theodoratus, 135 Wn.2d 582, 957 P.2d 1241 (1998) (dissenting, "beneficial use" of water by permit is permitted use, not actual use)
	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)
	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)
	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)
	Detention of Ronald Lane Petersen, 138 Wn.2d 70, 980 P.2d 1204 (1999) (dissenting, a person who is civilly committed as sex predator has right to appeal and right to attorney)
	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)
	Detention of Elmer Campbell, 139 Wn.2d 341, 986 P.2d 771 (Oct. 21, 1999) (No. 63986-8) (dissenting, sex predator is unconstitutionally confined in punitive conditions)
	Detention of Richard Turay, 139 Wn.2d 379, 986 P.2d 790 (Oct. 21, 1999) (No. 64100-5) (dissenting, same as Campbell, plus other issues)
	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) (No. 67075-7) (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)
	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)
	In re Detention of Donald Henrickson, 140 Wn.2d 686, 2 P.3d 473 (May 18, 2000) (dissenting, recent overt act required to commit sex predator)
	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 (Sep 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 (Sep 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 (Sep 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 Personal Restraint of Richard Dyer, 143 Wn.2d 34, 20 P.3d 907 (Mar 29, 2001) (dissenting, arbitrary denial of extended family visitation to prisoner violated his constitutional rights)
	In re Personal Restraint of Paul J. Becker, 143 Wn.2d 491, 20 P.3d 409 (Apr 5, 2001) (dissenting, personal restraint petition should not be barred as successive based on prior motion to vacate
	In re Personal Restraint of Cal Brown, 143 Wn.2d 431, 21 P.3d 687 (Apr 19, 2001) (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)
	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.2d 184 (July 12, 2001) (No. 68112-1) (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)
	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)
	PRP of Jerrod Stoudmire, 145 Wn.2d258, 36 P.3d 1005 (Dec 13, 2001) (dissenting, for valid plea of guilty defendant must be apprised of potential sentence)
	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)
	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 (Jun 6, 2002) (dissenting, claim filing defense not waived by ambiguous interrogatory answer)
	Litowitz v. Litowitz, 146 Wn.2d 514, 48 P.3d 261 (Jun 13, 2002) (dissenting, fate of pre-embryo by contract left to trial court)
	State v. Schultz, 146 Wn.2d 540, 48 P.3d 301 (Jun 20, 2002) (dissenting, pretrial contact order expires at final judgment)
	State v. Coria, 146 Wn.2d 631, 48 P.3d 980 (Jun 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)
	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. 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 Detention 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 Wash. 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 278, 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)