59 Wash. App. 447 - State v. Dunbar’s Empirical Analysis
1990
Citation profile
4 state decisions
Relationships
Relies on City of Lakewood v. Plain Dealer Publishing Co. · 109 Wash. 2d 207 - State v. Dunaway · 109 Wash. 2d 947 - Allingham v. City of Seattle · 113 Wash. 2d 413 - Southcenter Joint Venture v. National Democratic Policy Committee · 101 Wash. 2d 654 - State v. Davis
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When two statutes appear to conflict, every effort should be made to harmonize their respective provisions. Here, that is easily done by recognizing that application of the burglary antimerger statute is discretionary with the sentencing judge and permits punishment for burglary and other crimes simultaneously committed. This result accords with the well-established rules that the more specific statute controls over a conflicting, more general statute, and that the Legislature is presumed to be familiar with its prior legislation. In this case, then, the antimerger statute controls over the general language as to "same criminal conduct" when the sentencing judge imposes punishment pursuant to RCW 9A.52.050. Repeals by implication are not favored. If repeal is appropriate, it should be done by the Legislature, not by the courts.”
1 later decision quote this exact passage“That the defendant . . . did enter and remain unlawfully in the dwelling of George and Janette Thomas . . . within intent to commit a crime against a person or property therein, and in entering, and while in such dwelling and in immediate flight therefrom, the defendant was armed with a deadly weapon[.]”
1 later decision quote this exact passage“Every person who, in the commission of a burglary shall commit, any other crime, may be punished therefor as well as for the burglary, and may be prosecuted for each crime separately.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.