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/)

Majority Opinions

  1. State ex rel. T.B. v. CPC Fairfax Hosp., 129 Wn.2d 439, 918 P.2d 497 (1996) (for majority, minors committed to mental hospitals by their parents have right to judicial review)
  2. Sheldon v. Fettig, 129 Wn.2d 601, 919 P.2d 1209 (1996) (for majority, substitute service of process sufficient when left with defendant’s brother at the family home)
  3. Griffin v. Eller, 130 Wn.2d 58, 922 P.2d 788 (1996) (for majority, upholds exemption to Washington anti-discrimination statute for employers with 8 or fewer employees)
  4. Jain v. State Farm Mut. Auto. Ins. Co., 130 Wn.2d 688, 926 P.2d 923 (1996) (for majority, child rendered quadriplegic by car crash may collect insurance benefits based on invalidation of UIM exclusion)
  5. Nelson v. McClatchy Newspapers, Inc., 131 Wn.2d 523, 936 P.2d 1123 (1997) (for majority, protects newspaper’s First Amendment Right to reassign reporter for editorial reasons)
  6. Dioxin/Organochlorine Center v. Pollution Control Hearings Bd., 131 Wn.2d 345, 932 P.2d 158 (1997) (for majority, activity categorically exempt under SEPA is really exempt)
  7. Black v. Dep’t of Labor & Indus., 131 Wn.2d 547, 933 P.2d 1025 (1997) (for majority, injured worker entitled to have his case heard on merits where service of process made on attorney for State)
  8. Wallace v. Evans, 131 Wn.2d 572, 934 P.2d 662 (1997) (for majority, trial court may not unilaterally dismiss a civil action for inaction by the parties after plaintiffs note case for trial)
  9. Malyon v. Pierce County, 131 Wn.2d 779, 935 P.2d 1272 (1997) (for majority, volunteer chaplains for the Pierce County Sheriff’s Dep’t do not violate religious establishment clause)
  10. State v. Becker, 132 Wn.2d 54, 935 P.2d 1321 (1997) (for majority, school zone sentencing enhancement unconstitutional when presence of adult education facility not known or reasonably knowable)
  11. State v. Castellanos, 132 Wn.2d 94, 935 P.2d 1353 (1997) (for majority, affirming drug conviction and holding trial court did not err when it allowed jury unlimited access to body wire tape recordings of drug transactions during deliberations)
  12. State v. Parker, 132 Wn.2d 182, 937 P.2d 575 (1997) (for majority, resentencing necessary where sentencing judge imposed exceptional sentence based on incorrectly calculated standard range)
  13. Pasco Police Officers' Ass'n v. City of Pasco, 132 Wn.2d 450, 938 P.2d 827 (1997) (for majority, proposed management rights clause may be bargained to impasse and union did not fail to bargain in good faith)
  14. Monroe v. Soliz, 132 Wn.2d 414, 939 P.2d 205 (1997) (for majority, statute requiring aggravated juvenile offenders may be segregated in adult prisons is constitutional)
  15. State v. Rohrich, 132 Wn.2d 472, 939 P.2d 697 (1997) (for majority, Confrontation Clause requires child to actually testify on substance of allegation before admitting hearsay under RCW 9A.44.120(2)(a) which allows hearsay if the child “[t]estifies at the proceedings”)
  16. State v. Hairston, 133 Wn.2d 534, 946 P.2d 397 (1997) (for majority, constitutional right to counsel requires appellate court to independently review the entire record before releasing appointed counsel and dismissing the appeal as frivolous in Anders situation)
  17. Price v. Farmers Ins. Co. of Wash., 133 Wn.2d 490, 946 P.2d 388 (1997) (for majority, court lacks jurisdiction in arbitration matter to decide setoff and parties must resolve question by agreement or commence separate action)
  18. Central Washington Refrigeration, Inc. v. Barbee, 133 Wn.2d 509, 946 P.2d 760 (1997) (for majority, buyer of goods may bring indemnity action against seller for liability incurred to third party for defect in goods and the statute of limitations on such action begins to run when the buyer pays or is obligated to pay the liability)
  19. State v. Hardy, 133 Wn.2d 701, 946 P.2d 1175 (1997) (for majority, prior drug convictions are generally inadmissible to impeach criminal defendant under ER 609(a))
  20. In re Marriage of Briscoe, 134 Wn.2d 344, 949 P.2d 1388 (1998) (for majority, valid statute requiring offset for social security payments made to children is necessarily incorporated into settlement agreement in the absence of express exclusion of the provision)
  21. Waggoner v. Ace Hardware Corp., 134 Wn.2d 748, 953 P.2d 88 (1998) (for majority, RCW 49.60.180 does not prohibit employment discrimination based on cohabiting or dating relationships)
  22. Mission Springs v. City of Spokane, 134 Wn.2d 947, 954 P.2d 250 (1998) (for majority, a city council’s interference with grading permit subjects city and council to liability for due process violation under civil rights act
  23. State v. Hickman, 135 Wn.2d 97, 954 P.2d 900 (1998) (for majority, venue of the crime becomes an element for the state to prove under the law of the case doctrine when given to the jury in the “to convict” instruction)
  24. Millay v. Cam, 135 Wn.2d 193, 955 P.2d 791 (1998) (for majority, clarifying the procedures for statutory redemption and allowing equitable tolling of redemption period when the redemptioner in possession submits a grossly exaggerated statement of the sum required to redeem)
  25. State ex rel. Public Disclosure Com'n v. 119 Vote No! Committee, 135 Wn.2d 618, 957 P.2d 691 (1998) (for majority, statute regulating false political speech violates the First Amendment)
  26. Greengo v. Public Employees Mut. Ins. Co., 135 Wn.2d 799, 959 P.2d 657 (1998) (for majority, three-car accident may be two “accidents” for purposes of insurance coverage)
  27. Vintage Const. Co. v. City of Bothell, 135 Wn.2d 833, 959 P.2d 1090 (1998) (for majority, impact fee on development is not fee in lieu of dedication)
  28. Fisher v. Allstate, 136 Wn.2d 240, 961 P.2d 350 (1998) (for majority, underinsurance motorist carrier is bound by the results of an arbitration between its insured and tortfeasor when carrier did not participate but had notice and opportunity to intervene)
  29. State v. Ivie, 136 Wn.2d 173, 961 P.2d 941 (1998) (for majority, captain’s mast punishment bars subsequent state prosecution for same crime)
  30. McCoy v. American Suzuki Motor Corp., 136 Wn.2d 350, 961 P.2d 952 (1998) (for majority, rescuer doctrine applies to product liability action)
  31. Kottler v. State, 136 Wn.2d 437, 963 P.2d 834 (1998) (for majority, joint and several liability requires judgment against tortfeasor)
  32. Martini v. Boeing Co., 137 Wn.2d 357, 971 P.2d 45 (1999) (for majority, employee with successful discrimination claim may recover damages for front and back pay)
  33. State v. Bencivenga, 137 Wn.2d 703, 974 P.2d 832 (1999) (for majority, where criminal defendant’s exculpatory story is unreasonable, conviction is affirmed)
  34. State v. Ladson, 138 Wn.2d 343, 979 P.2d 833 (1999) (No. 65801-3) (for majority, pretextual stop violates Washington Constitution)
  35. Miller v. Tacoma, 138 Wn.2d 318, 979 P.2d 429 (1999) (No. 65597-9) (for majority, Open Public Meetings Act, RCW 42.30, violated by balloting in executive session)
  36. State v. Thomas Clark, 139 Wn.2d 152, 985 P.2d 377 (Oct. 7, 1999) (for majority, hearsay evidence from testifying child does not violate Confrontation Clause guarantee)
  37. State v. Sabas Cruz, 139 Wn.2d 186, 985 P.2d 384 (Oct. 7, 1999) (for majority, felony “washout” amendments not retroactive)
  38. Allstate Ins. Co. v. Batacan, 139 Wn.2d 443, 986 P.2d 823 (Oct. 21, 1999) (No. 66493-5) (for majority, UIM coverage available to motorist injured by multiple tortfeasors when one is uninsured)
  39. State v. Barnett, 134 Wn.2d 462, 987 P.2d 626 (Oct. 28, 1999) (No. 67171-1) (for majority, first degree burglary may not be a “crime against a person” for purposes of community placement statute)
  40. J.R. Simplot v. Knight, 139 Wn.2d 534, 988 P.2d 955 (Nov 18, 1999) (No. 67652-6) (for majority, litigating the fine points:  the meaning of the hyphen)
  41. Harbour Village Apartments v. City of Mukilteo, 139 Wn.2d 604, 989 P.2d 542 (Dec 16, 1999) (No. 66920-1) (for majority, tax on rental apartment units is unconstitutional property tax)
  42. Staats v. Brown, 139 Wn.2d 757, 991 P.2d 615 (Jan 06, 2000) (No. 65681-9) (for majority, no qualified immunity for use of excessive force or state law immunity for false arrest)
  43. Smith v. Bates Technical College, 139 Wn.2d 793, 991 P.2d 1135 (Jan 27, 2000) (No. 67374-8) (for majority, common law tort of wrongful discharge not limited to “at will” employees)
  44. Roberts v. Dudley, 140 Wn.2d 58, 993 P.2d 901 (Feb 17, 2000) (for majority, common law tort of wrongful employment discharge may be founded on public policy against gender discrimination)
  45. Kucera v. DOT, 140 Wn.2d 200, 995 P.2d 63 (Mar 16, 2000) (No. 68428-6) (for majority, injunction against high-speed ferries not justified by State Environmental Protection Act)
  46. State v. McCarty, 140 Wn.2d 420, 998 P.2d 296 (Apr 27, 2000) (for majority, information charging conspiracy to deliver drugs insufficient)
  47. Mendoza v. Rivera-Chavez, 140 Wn.2d 659, 999 P.2d 29 (May 18, 2000) (for majority, felony exclusion in insurance policy void under public policy)
  48. In re Disciplinary Proceeding against Michael Tasker,141 Wn.2d 557, 9 P.3d 822 (Sept 14, 2000) (for majority, attorney who commingles personal and client funds in trust account should be suspended)
  49. Int’l Brotherhood of Electrical Workers, Local Union No. 46 v. Trig Electric Construction Co., 142 Wn.2d 431, 13 P.3d 622 (Nov 16, 2000) (for majority)
  50. Weyerhaeuser Co. v. Commercial Union Ins. Co., 142 Wn.2d 654, 15 P.3d. 115 (Dec 21, 2000) (for majority, insured entitled to coverage without aggregate limit on property damage)
  51. Griffin v. West RS, Inc., 143 Wn.2d 81, 18 P.3d 558 (Feb 22, 2001) (for majority no proximate cause linking landlord to criminal assault on tenant)
  52. Moore v. Whitman County, 143 Wn.2d 96, 18 P.3d. 566 (Feb 22, 2001) (for majority, Eastern Washington Growth Management Board has no jurisdiction over counties not required to plan under GMA)
  53. In re the Pers. Restraint of Robert Perkins, 143 Wn.2d 261, 19 P.3d. 1027 (Mar 15, 2001) (for majority, proper for Court of Appeals to transfer successive PRP to Supreme Court for disposition on the merits)
  54. Dinh v. Salins, 143 Wn.2d 378, 20 P.3d. 936 (Apr 12, 2001) (for majority, trial court lacks authority to enter discovery orders once case has been assigned to mandatory arbitration)
  55. State v. Clark, 143 Wn.2d 731, 24 P.3d 1006 (June 7, 2001) (for majority, details of prior conviction inadmissible in death penalty phase of capital proceeding)
  56. State v. Vreen, 143 Wn.2d 923, 26 P.3d 236 (June 21, 2001) (for majority, erroneous denial of peremptory challenge to juror is reversible error)
  57. State v. Williams, 144 Wn.2d 197, 26 P.3d 890 (June 28, 2001) (for majority, use of term “mental health” in harassment statute is unconstitutionally vague and overbroad)
  58. Panorama Village Condominium Owners Ass’n Bd. of Directors v. Allstate Ins. Co., 144 Wn.2d 130, 26 P.3d 910 (July 12, 2001) (for majority, insurance coverage for “hidden decay” means decay which is out of sight, not necessarily decay which is reasonably anticipated)
  59. State v. Marshall (Henry Lewis), 144 Wn.2d 266, 27 P.3d 192 (July 19, 2001) (for majority, in capital case, guilty plea must be vacated where competency in doubt and hearing not convened)
  60. In re Bang D. Nguyen, 144 Wn.2d 516, 29 P.3d 689 (Aug 23, 2001) (for majority, state’s burden is to prove its case by clear, cogent, and convincing evidence in medical disciplinary case)
  61. State v. Thomas Reid, 144 Wn.2d 621, 30 P.3d 465 (Sept 6, 2001) (for majority, insanity acquittee must be released from confinement when he is no longer mentally ill)
  62. City of Kent v. Beigh, 145 Wn.2d 33, 32 P.3d 258 (Oct 11, 2001) (for majority, blood sample properly suppressed in DUI prosecution)
  63. Guardianship Estate of Danny Keffeler v. DSHS, 145 Wn.2d 1, 32 P.3d 267 (Oct 11, 2001) (for majority, under federal law state may not reimburse itself from social security benefits of foster children)
  64. Snyder v. Med. Serv. Corp. of E. Wash., 145 Wn.2d 233, 35 P.3d 1158 (Dec 13, 2001) (for majority, employee’s disability and outrage claim against employer fail as a matter of law)
  65. Polley v. Stokes, 145 Wn.2d 341, 37 P.3d 1211 (Dec. 27, 2001) (for  majority, decree awarding “one half the equity” in real property references monetary award, not division of realty)
  66. Overton v. Consolidated Ins. Co., 145 Wn.2d 417, 38 P.3d 322 (Jan 17, 2002) (for majority, condition known to insured when purchasing insurance precludes coverage for “occurrence”)
  67. State v. Darden, 145 Wn.2d 612, 41 P.3d 1189 (Mar 7, 2002) (for majority, no privilege to exclude from cross-examination in criminal case the location of secret police surveillance post)
  68. In re Det. of Petersen, In re Det. of Thorell, 145 Wn.2d 789, 42 P.3d 952 (Mar 21, 2002) (for majority, “probable cause” in annual sex predator review requires prima facie showing of eligibility for release, and discovery permitted)
  69. Firth v. Lu, 146 Wn.2d 608, 49 P.3d 117 (June 27, 2002) (for majority, agreement to transfer shares in housing cooperative outside statute of frauds)
  70. Olivine Corp. v. United Capitol Ins. Co., 147 Wn.2d 148, 52 P.3d 494 (Aug 22, 2002) (for majority, premium finance company may not cancel insurance policy absent notice to insured)
  71. Bell v. State, 147 Wn.2d 166, 52 P.3d 503 (Aug 22, 2002) (for majority, proximate cause must be proved in parolee negligent supervision case)
  72. State v. Lopez, 147 Wn.2d 515, 55 P.3d 609 (Oct. 10, 2002) (for majority, evidentiary failure to prove prior “strikes” requires resentencing on same record)
  73. Willoughby v. L&I, Cain v. L&I, 147 Wn.2d 725, 57 P.3d 611 (Nov. 14, 2002) (for majority, denial of L&I benefits to some prisoners offends due process)
  74. All Around Underground Inc. v. State, 148 Wn.2d 145, 60 P.3d 53 (Dec 12, 2002) (for majority, state patrol regulation requiring automatic impoundment is unlawful)
  75. New Hampshire Indemnity Co. v. Budget Rent-A-Car Systems, 148 Wn.2d 929, 64 P.3d 1239 (Mar 13, 2003) (for majority, super escape clause in insurance policy will be enforced)
  76. Young v. Clark, 149 Wn.2d 130, 65 P.3d 1192 (Apr 3, 2003) (for majority, filing case in wrong county is not jurisdictional defect and may be corrected by change of venue)
  77. Shoop v. Kittitas County, 149 Wn.2d 29, 65 P.3d 1194 (Apr 3, 2003) (for majority, filing case in wrong county is not jurisdictional defect and may be corrected by change of venue)
  78. Kloepfel v. Bokor, 149 Wn.2d 192, 66 P.3d 630 (Apr 17, 2003) (for majority, tort of outrage requires no objective symptoms)
  79. State v. Kindsvogel, 149 Wn.2d 477, 69 P.3d 870 (Jun 5, 2003) (for majority, speedy trial rule not violated when no mandatory joinder of criminal charges)
  80. State v. DeRyke, 149 Wn.2d 906, 73 P.3d 1000 (Aug 7, 2003) (for majority, instructional error on attempted rape was harmless)
  81. American States Ins. Co. v. Symes of Silverdale, 150 Wn.2d 462, 78 P.3d 1266 (Nov 6, 2003) (for majority, arson fire ignited by debtor in possession does not merit exclusion of coverage for estate in bankruptcy)
  82. Smith v. Safeco Ins. Co., 150 Wn.2d 478, 78 P.3d 1274 (Nov 6, 2003) (for majority, insurer’s bad faith is question of fact, Ellwein overruled)
  83. Malted Mousse v. Steinmetz, 150 Wn.2d 518, 79 P.3d 1154 (Nov 13, 2003) (for majority, trial de novo is exclusive review of mandatory arbitration award)
  84. Mt. Adams School District v. William D. Cook, 150 Wn.2d 716, 81 P.3d 111 (Dec 18, 2003) (for majority, teacher’s claim of wrongful termination subject to arbitration)
  85. State v. Goodman, 150 Wn.2d 774, 83 P.3d 410 (Jan 15, 2004) (for majority, possession of “meth” sufficiently charged in criminal information)
  86. Clark v. Baines, 150 Wn.2d 905, 84 P.3d 245 (Feb 5, 2004) (for majority, Alford plea cannot estop counterclaim for malicious prosecution of subsequent civil action)
  87. Butzberger v. Foster, 151 Wn.2d 396, 89 P.3d 689 (May 6, 2004) (for majority, motorist injured while attempting rescue entitled to UIM coverage)
  88. City of Redmond v. Moore, 151 Wn.2d 664, 91 P.3d 875 (Jun 3, 2004) (for majority, suspension of license without hearing offends due process)
  89. State v. Costich, 152 Wn.2d 463, 98 P.3d 795 (Oct 7, 2004) (for majority, settlement offer in condemnation action 30 days before trial is valid)
  90. Schrom & Bloomfield v. Board for Volunteer Firefighters, 153 Wn.2d 19, 100 P.3d 814 (Nov 18, 2004) (for majority, clerk is not “firefighter” for pension purposes)
  91. In re Marriage of Langham & Kolde, 153 Wn.2d 553, 106 P.3d 212 (Feb 10, 2005) (for majority, stock options are converted when exercised)
  92. In re Parentage of C.A.M.A., 154 Wn.2d 52, 109 P.3d 405 (Apr 7, 2005) (for majority, third party visitation statute unconstitutional)
  93. State v. Pulfrey, 154 Wn.2d 517, 111 P.3d 1162 (May 19, 2005) (for majority, officer may arrest and then exercise discretion to release)
  94. Prison Legal News Inc. v. Washington State Department of Corrections, 154 Wn.2d 628, 115 P.3d 316 (Jul 14 2005) (for majority, Department of Corrections may be required to disclose more documents under PDA)
  95. Bunch v. King County Dep’t of Youth Servs., 155 Wn.2d 165, 116 P.3d 381 (Jul 21, 2005) (for majority, remittitur of personal injury damage award improper)
  96. State v. Byron Lee Brown, 154 Wn.2d 787, 117 P.3d 336 (Aug 4, 2005) (for majority, seeking identification from passenger in traffic stop absent reasonable suspicion or warrant requires evidence suppression)
  97. Spokane Research & Def. Fund v. City of Spokane, 155 Wn.2d 89, 117 P.3d 1117 (Aug 11, 2005) (for majority, Public Disclosure Act penalties are not nullified by untimely disclosure by agency nor is causal connection required)
  98. State v. Zachary Tinker, 155 Wn.2d 219, 118 P.3d 885, (Sep 1, 2005) (for majority, charge of third degree theft need not allege value of property stolen)
  99. Association of Washington Business v. Department of Revenue, 155 Wn.2d 430, 120 P.3d 46 (Sep 22, 2005) (for majority, agency may publish interpretive rules)
  100. State v. Punsalan and State v. Hanson, 156 Wn.2d 875, 133 P.3d 934 (May 4, 2006) (for majority, indigent criminal defendants who retain private counsel are entitled to receive necessary expenses from government)
  101. Osborn v. Mason County, 157 Wn.2d 18, 134 P.3d 197 (May 18, 2006) (for majority, county had no duty to warn possible crime victim under rescue doctrine)
  102. Heg v. Alldredge ,157 Wn.2d 154, 137 P.3d 9 (June 22, 2006) (for majority, mere nonuse of easement isn’t abandonment)
  103. In re Estate of Kordon, 157 Wn.2d 206, 137 P.3d 16 (June 22, 2006) (for majority, under former statute citation for will contest is jurisdictional)
  104. Koenig v. City of Des Moines, 158 Wn.2d 173, 142 P.3d 162 (Aug 31, 2006) (for majority, under public disclosure act, redacted documents regarding child molestation must be disclosed)
  105. Scoccolo Construction, Inc. v. City of Renton, 158 Wn.2d 508, 145 P.3d 371 (Oct 26, 2006) (for majority, utilities were “acting for” city, thus contract clause providing no damages for delay is invalid)
  106. Wright v. Colville Tribal Enterprises Corp., 159 Wn.2d 108, 147 P.3d 1275 (Dec 7, 2006) (for majority, tribal sovereign immunity protects tribal enterprise)
  107. Ongom v. State, 159 Wn.2d 132, 148 P.3d 1029 (Dec. 14, 2006) (for majority, burden of proof to suspend a nurse’s license is clear, cogent, and convincing)
  108. Sleasman v. City of Lacey, 159 Wn.2d 639, 151 P.3d 990 (Feb. 8, 2007) (for majority, “developed” property is a finished lot suitable for improvement or sale)
  109. Nelson v. Appleway Chevrolet Inc., 160 Wn.2d 173, 157 P.3d 847 (Apr 26, 2007) (for majority, add-on of B&O tax above purchase price prohibited)
  110. State v. Daniels, 160 Wn.2d 256, 156 P.3d 905 (May 3, 2007) (for majority, jeopardy doesn’t terminate when no implied acquittal; but see dissent to same opinion, 165 Wn.2d 627 (2009))
  111. Bank of America NA v. Prestance Corp., 160 Wn.2d 560, 160 P.3d 17 (June 7, 2007) (for majority, lender can be equitably subrogated to first lienholder notwithstanding actual knowledge)
  112. State v. Womac, 160 Wn.2d 643, 160 P.3d 40 (June 14, 2007) (for majority, convictions for multiple offenses stemming from same criminal conduct violate double jeopardy)
  113. In re Pers. Restraint of Skylstad, 160 Wn.2d 944, 162 P.3d 413 (July 19, 2007) (for majority, one year time bar on PRPs does not start to run while sentence is on appeal)
  114. Crafts v. Pitts, 161 Wn.2d 16, 162 P.3d 382 (July 19, 2007) (for majority, claim for specific performance not discharged in bankruptcy)
  115. In re Postsentence Review of Leach, 161 Wn.2d 180, 163 P.3d 782 (Aug 2, 2007) (for majority, pursuant to statutory definition, a “crime against persons” does not include attempted second degree assault)
  116. Robert Noble v. A&R Environmental Servs., 140 Wn App 29, 164 P.3d 519 (Aug 7, 2007) (Pro Tem) (for majority, dissolution of Limited Liability Corporation must comply with RCW 25.15.300)
  117. In re Termination of S.H., B.H., and M.H. (unpub), 2007 WL 2340792, 2007 Wn. App. LEXIS 2456 (Aug 16, 2007) (Pro Tem) (for majority, termination of parental rights was not in error)
  118. Qwest Corp. v. City of Bellevue, 161 Wn.2d 353, 166 P.3d 667 (Aug 30, 2007) (for majority, utility occupation tax on phone company unlawful)
  119. State v. Hatchie, 161 Wn.2d 390, 166 P.3d 698 (Sept 6, 2007) (for majority, misdemeanor arrest warrant is authority of law to search residence in some cases)
  120. State v. Reep, 161 Wn.2d 808, 167 P.3d 1156 (Sept 27, 2007) (for majority, search warrant violates 4th Amendment’s particularity requirement)
  121. State v. Knight, 162 Wn.2d 806, 174 P.3d 1167 (Jan 17, 2008) (for majority, vacating conviction remedy for double jeopardy violation)
  122. In re the Det. of Sheldon Martin, 163 Wn.2d 501, 182 P.3d 951 (May 1, 2008) (for majority, sex predator petition erroneously filed in Thurston County must be dismissed)
  123. York v. Wahkiakum Sch. Dist. #200, 163 Wn.2d 297, 178 P.3d 995 (Mar 13, 2008) (for majority, random and suspicionless drug testing of students violates state constitution)
  124. State v. Eisfeldt,163 Wn.2d 628, 185 P.3d 580 (June 5, 2008) (for majority, we reject the federal private search doctrine and suppress the evidence)
  125. TCAP Corp. v. Gervin, 163 Wn.2d 645, 185 P.3d 589 (June 5, 2008) (for majority, when foreign judgment expires in foreign jurisdiction, it cannot be enforced here)
  126. Young v. Young, 164 Wn.2d 477, 191 P.3d 1258 (Sep 11, 2008) (for majority, measure of recovery in unjust enrichment case)
  127. Ranger Ins. Co. v. Pierce Co., 164 Wn.2d 545, 192 P.3d 886 (Sep 18, 2008) (for majority, question of fact as to whether bail bonding company entitled to refund of money)
  128. City of Arlington v. Central Puget Sound Growth Mgmt. Hrgs. Bd., 164 Wn.2d 768, 193 P.3d 1077 (Oct 9, 2008) (for majority, county amendment of comprehensive plan did not violate growth management act)
  129. Yousoufian v. Office of Ron Sims, 165 Wash.2d 439, 200 P.3d 232 (Jan 15, 2009) (for majority, trial court abused its discretion by awarding only $15 per day penalty in Public Records Act proceeding)
  130. Michael v. Mosquera-Lacy, 165 Wn.2d 596, 200 P.3d 695 (Feb 5, 2009) (for majority, no Consumer Protection Act claim for malpractice)
  131. State v. Garvin, 166 Wn.2d 242, 207 P.3d 1266 (May 28, 2009) (for majority, stop and frisk search does not permit pocket squeeze)
  132. Homestreet, Inc. v. Dep’t of Revenue, 166 Wn.2d 444-, 210 P.3d 297 (June 18, 2009) (for majority, B&O tax on residential mortgage lender invalid)
  133. Estate of Haselwood v. Bremerton Ice Arena, Inc., 166 Wn.2d 489, 210 P.3d 308 (June 25, 2009) (for majority, mechanics lien attaches to improvements on government owned property and has priority as of the date materials are first delivered)
  134. Torgerson v. One Lincoln Tower, LLC,166 Wn.2d 510, 210 P.3d 318 (June 25, 2009) (for majority, real estate contract may lawfully limit buyers’ remedies under these facts)
  135. State v. Eriksen, 166 Wn.2d 953, 216 P.3d 382 (Sep 17, 2009), opinion withdrawn (July 7, 2010) (for majority, tribal police officer may pursue vehicle in fresh pursuit off the reservation)
  136. State v. Kenyon, 167 Wn.2d 130, 216 P.3d 1024 (Oct 1, 2009) (for majority, violation of the speedy trial rule requires dismissal)
  137. State v. King, 167 Wn.2d 324, 219 P.3d 642 (Oct 15, 2009) (for majority, police cannot arrest out of jurisdiction)
  138. Magana v. Hyundai Motor Am., 167 Wn.2d 570, 220 P.3d 191 (Nov 25, 2009) (for majority, default judgment against Hyundai reinstated for discovery abuse)
  139. State v. Harrington, 167 Wn.2d 656, 222 P.3d 92 (Dec 10, 2009) (for majority, warrantless search of person not consensual when progressive intrusion and violates state constitution)
  140. State v. Valdez, 167 Wn.2d 761, 224 P.3d 751 (Dec 24, 2009) (for majority, warrantless search of automobile limited to actual officer safety or prevent  destruction of evidence which prompted stop)
  141. In re Welfare of C.S., 168 Wn.2d 51, 225 P.3d 953 (for majority, parent may not have parental rights terminated where state offered no services to correct parental deficiencies, if any)

  142. Clayton v. Wilson, 168 Wn.2d 57, 227 P.3d 278 (for majority, judgment for tort runs against tortfeasor and marital community when committed while managing community business)
  143. State v. Sieyes, 168 Wn.2d 276, 225 P.3d 995 (Feb 18, 2010) (for majority, Second Amendment applies to states)
  144. State v. Osman, 168 Wn.2d 632, 229 P.3d 729 (Mar 25, 2010) (for majority, in a court of limited jurisdiction, loss of material part of record requires new trial)
  145. State v. Vance, 168 Wn.2d 754, 230 P.3d 1055 (May 6, 2010) (for majority, exceptional sentence did not violate right to trial by jury)
  146. McCurry v. Chevy Chase Bank, FSB, 169 Wn.2d 96, 233 P.3d 861 (June 24, 2010) (for majority, federal fact pleading standards to not apply in Washington state courts and federal law does not preempt this claim)
  147. Little Mtn Estates Tenants Ass’n v. Little Mtn Estates MHC, LLC, 169 Wn.2d 265, 236 P.3d 193 (July 22, 2010) (for majority, landlords and tenants may sign 25 year lease that converts to 1 year upon assignment)
  148. State v. Mitchell,  -- Wn.2d --, 237 P.3d 282 (Aug 12, 2010) (for majority, starving child to point of physical incapacity violates criminal statute)
  149. Segaline v. Dep’t of Labor & Indus., -- Wn.2d --, 238 P.3d 1107 (Aug 19, 2010) (for majority, government not subject to protection of anti-SLAPP statute)
  150. In re Marriage of Freeman, -- Wn.2d --, -- P.3d --, 2010 WL 3432593 (Sep 2, 2010) (for majority, permanent protection order to be lifted when no longer necessary)
  151. State v. Doughty, -- Wn.2d --, -- P.3d --, 2010 WL 3705223 (Sep 23, 2010) (for majority, mere presence at suspected drug house not grounds for investigative seizure)
  152. Rousso v. State, -- Wn.2d --, -- P.3d --, 2010 WL 3705186 (Sep 23, 2010) (for majority, internet poker prohibition in Washington does not violate dormant commerce clause)
  153. State v. Eriksen, -- Wn.2d --, -- P.3d --, 2010 WL 4008887 (Oct 14, 2010) (for majority, tribal officer may pursue DUI suspect off the reservation)
  154. City of Seattle v. Holifield, -- Wn.2d --, -- P.3d --, 2010 WL 4008889 (Oct 14, 2010) (for majority, suppression of DUI test is a remedy under CrRLJ 8.3(b) and writs of review shall issue under criteria set by RAP 13.5(b))
  155. Gregoire v. Oak Harbor, 170 Wn.2d 628, -- P.3d --, ( 2010) (for majority, suit against jail for inmate suicide is not barred by assumption of rish or conttributory negligence on the part of inmate.
  156. State v. Doughty 170 Wash.2nd 57 (For majority, warrantless investigative seizure unlawful based on visit to suspected drug house.)
  157. Russo v. State 170 Wash. 2Nd 70 Majority: Internal poker gamblig is prohibited by statue and that statute does not violate dormant commerce clause.
  158. State v. Erickson 170 Wash. 2Nd 209 Majority: (Later reconsidered) Tribal police may detain non-Indian drunk driver off reservation for arrest by state authorities.
  159. Seattle v. Holifield 170 Wash. 2Nd 230 Majority: On writ of review court may suppress evidence rather than simply dismiss case.
  160. PRP of Francis 170 Wash. 2Nd 517 Majority: Plea of guilty to multiple crimes arising out of same conduct violates double jeopardy.
  161. State v. Marohl 170 Wash. 2Nd 691 Majority: Defendant not guilty of third degree assault because floor is not “instrument of thing likely to produce bodily harm” under language of statute.
  162. Beggs v. DSHS 171 Wash.2nd 69 Majority: Statute implies cause of action against person who has duty to report child abuse but fails to do so. Child's siblings are not dependent for purpose of wrongful death statute.

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