Opinion

State v. Wanrow

  • 88 Wash. 2d 221
  • 559 P.2d 548
  • 1977 Wash. LEXIS 750
Court
Washington Supreme Court
Filed
Jan 7, 1977
Status
Published
Author
Wright
On the bench
Utter, Wright, Hunter, Brachtenbach, Horowitz, Stafford, Rosellini, Hamilton
Cited by
260 cases

Superseded by statute, as recognized in Lewis v. Department of Licensing

stating that the legislature is presumed *561 not to engage in unnecessary or meaningless acts and statutes must be interpreted so no part is rendered superfluous or insignificant

How later courts described this case

  • stating that the legislature is presumed *561 not to engage in unnecessary or meaningless acts and statutes must be interpreted so no part is rendered superfluous or insignificant
  • stating that the legislature is presumed not to engage in unnecessary or meaningless acts and statutes must be interpreted so no part is rendered superfluous or insignificant
  • discussing, in the context of self-defense instructions, approval of instructions directing the jury to evaluate the reasonableness of defendant’s actions in light of all the circumstances
  • evidence showed that before the shooting the decedent refused to leave defendant's friend's residence despite numerous requests to do so

Written by the judges who cited it.

Later courts went against this

  • Superseded by statute, as recognized in Lewis v. Department of Licensing

    88 Wn.2d 221, 239 , 559 P.2d 548 (1977) (when raising a claim of self-defense, the “defendant’s actions are to be judged against her own subjective impressions and not those which a detached jury might determine to be objectively reasonable”), superseded by statute on other grounds by Lewis v. State, Dept. of Licensing, 125 Wn. App. 666, 679-80
    Court of Appeals of WashingtonFeb 7, 20052 citing opinionsby statuteother groundsRead it

Distinguished

  • Distinguished by Lewis v. STATE, DEPT. OF LICENSING, 157 Wash. 2d 446 (2006)

    ¶ 32 The State argues that because Wanrow is distinguishable and conversations with a police officer are not private, this court should interpret RCW 9.73.090(1)(c) as merely a safe harbor provision.
    Washington Supreme CourtAug 3, 20062 citing opinionsRead it
  • Distinguished by State v. Forrester, 21 Wash. App. 855 (1978)

    88 Wn.2d 221, 559 P.2d 548 (1977), cited by the defendant, is distinguishable.
    Court of Appeals of WashingtonNov 14, 1978Read it

The opinion

Wright, J.

(concurring) — I concur with the result reached by the majority for only one of the reasons stated therein.

Were it not for the language of the statute, RCW 9.73-.030 through .090, I would agree that the telephone call here is not a "private conversation." A careful reading of *242 the statute, however, compels a different result. The legislature clearly intended to classify such telephone calls as "private conversations," otherwise the exception contained in RCW 9.73.090(1) would be meaningless and surplusage.

Based upon the clear legislative intent and upon the reasoning fully set out in the opinion as to that one issue, I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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