State v. Olson, 893 P.2d 629 (Wash. 1995). · Go Syfert
State v. Olson, 893 P.2d 629 (Wash. 1995). Cases Citing This Book View Copy Cite
578 citation events (472 in the last 25 years) across 5 distinct courts.
Strongest positive: State Of Washington, V. Antonie Ryan Smith (washctapp, 2025-05-06)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) State Of Washington, V. Antonie Ryan Smith (2×)
Wash. Ct. App. · 2025 · quote attribution · 2 verbatim quotes · confidence low
n appellate court may exercise its discretion to consider cases and issues on their merits.
examined Cited as authority (quoted) Laura L. Niwranski v. Harry Niwranski (2×)
Wash. Ct. App. · 2015 · quote attribution · 2 verbatim quotes · confidence low
hen an appellant fails to raise an issue in the assignments oferror, in violation of rap 10.3(a)(3), and fails to present any argument on the issue or provide any legal citation, an appellate court will not consider the merits ofthat issue.
cited Cited as authority (rule) Confederated Tribes and Bands of the Yakama Nation v. Okanogan County
Wash. Ct. App. · 2021 · confidence medium
State v. Olson, 126 Wn.2d 315, 318 (1995); State v. Turner, 156 Wn.
cited Cited as authority (rule) Ian And Keri Schumacher, V T. Garrett Construction Inc.
Wash. Ct. App. · 2017 · confidence medium
RAP 1.2(a); State v. Olson, 126 Wn.2d 315, 318-19, 323 , 893 P.2d 629 (1995).
cited Cited as authority (rule) Hadley v. Maxwell
Wash. · 2001 · confidence medium
State v. Olson, 126 Wn.2d 315, 318-19, 321 , 893 P.2d 629 (1995) (citing RAP 1.2(a)).
discussed Cited as authority (rule) Hadley v. Maxwell
Wash. · 2001 · confidence medium
State v. Olson, 126 Wash.2d 315, 318-19, 321 , 893 P.2d 629 (1995) (citing RAP 1.2(a)). [2] Plainly traffic courts are neither designed nor equipped to become the crucial forum in a negligence suit....
discussed Cited "see" Michelina De Simone, V. Winfred Donell Smith, Ii (2×)
Wash. Ct. App. · 2024 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629, 633 (1995) (citing RAP 1.2(a)). 7 83922-5-I/8 Courts have broad statutory and equitable authority to impose and fashion restraining orders in dissolution proceedings.
discussed Cited "see" State Of Washington, V. David Gudgell & Robert Gudgell (2×)
Wash. Ct. App. · 2021 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 321-23 , 893 P.2d 629 (1995).
discussed Cited "see" Jacob Ivan Schmitt v. Pollard Faalogo (2×)
Wash. Ct. App. · 2021 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995). 10 No. 37974-4-III Schmitt v. Faalogo jail’s operational decisions require professional expertise outside the knowledge of an average juror.
cited Cited "see" Richard Lee, App. v. City Of Seattle, Seattle Police Department, Res.
Wash. Ct. App. · 2018 · signal: see · confidence high
See Olson, 126 Wn.2d at 321 .
discussed Cited "see" Monica Diaz Barriga Figueroa v. Consuelo Prieto Mariscal (2×)
Wash. Ct. App. · 2018 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995); see also Tham Thi Dang v. Ehredt, 95 Wn.
cited Cited "see" Jeremy J. Moberg v. Terraqua, Inc.
Wash. Ct. App. · 2017 · signal: see · confidence high
See id.
discussed Cited "see" State Of Washington v. Kevin Robert Bowen (2×)
Wash. Ct. App. · 2016 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995) (“where the nature of the appeal is clear and the relevant issues are argued in the body of the brief and citations are supplied so that the Court is not greatly inconvenienced and the respondent is not prejudiced, there is no compelling reason for the appellate court not to exercise its discretion to consider the merits of the case or issue”). 20 47286-4-II A trial court is not expressly precluded from finding sufficient factual basis based on the original charges.
discussed Cited "see" Armantrout v. Carlson (2×)
Wash. Ct. App. · 2007 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 318-19 , 893 P.2d 629 (1995) (citing RAP 1.2(a) and concluding that cases should be decided on their merits despite technical violations of the rules).
discussed Cited "see" Lynn v. STATE DEPT. OF LABOR & INDUSTRIES (2×)
Wash. Ct. App. · 2005 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 323 , 893 P.2d 629 (1995). [28] RCW 51.32.060; Cena v. Dep't of Labor & Indus., 121 Wash.App. 915 , 924 n. 22, 91 P.3d 903 (2004), review denied, 153 Wash.2d 1015 , 111 P.3d 1190 (2005). [29] RCW 51.08.178; Cena, 121 Wash.App. at 924 n. 22, 91 P.3d 903 . [30] CABR at 28. [31] Kingery v. Dep't of Labor & Indus., 132 Wash.2d 162, 173 , 937 P.2d 565 (1997). [32] Id. [33] 176 Wash. 509 , 30 P.2d 239 (1934) (claimant declared insane, L & I sent order to claimant's home address while claimant committed to state asylum). [34] 85 Wash.2d 949 , 540 P.2d 1359 (1975) …
discussed Cited "see" Lynn v. Department of Labor & Industries (2×)
Wash. Ct. App. · 2005 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995).
discussed Cited "see" Ang v. Martin (2×)
Wash. · 2005 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 321 , 893 P.2d 629 (1995) (approving "proposition that when an appellant fails to raise an issue in the assignments of error, in violation of RAP 10.3(a)(3), and fails to present any argument on the issue or provide any legal citation, an appellate court will not consider the merits of that issue").
discussed Cited "see" Ang v. Martin (2×)
Wash. · 2005 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 321 , 893 P.2d 629 (1995) (approving “proposition that when an appellant fails to raise an issue in the assignments of error, in violation of RAP 10.3(a)(3), and fails to present any argument on the issue or provide any legal citation, an appellate court will not consider the merits of that issue”).
discussed Cited "see" State v. Thomas (2×)
Wash. · 2004 · signal: see · confidence high
See State v. Pam, 101 Wash.2d 507, 511 , 680 P.2d 762 (1984), overruled on grounds by State v. Olson, 126 Wash.2d 315 , 893 P.2d 629 (1995). 3.
discussed Cited "see" State v. Thomas (2×)
Wash. · 2004 · signal: see · confidence high
See State v. Pam, 101 Wn.2d 507, 511 , 680 P.2d 762 (1984), overruled on other grounds by State v. Olson, 126 Wn.2d 315 , 893 P.2d 629 (1995). 3.
discussed Cited "see" In Re Carlstad (2×)
Wash. · 2003 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 323 , 893 P.2d 629 (1995) (noting the discretion provided to an appellate court in RAP 1.2(a) "should normally be exercised unless there are compelling reasons not to do so"); Weeks v. Chief of Wash. State Patrol, 96 Wash.2d 893, 896 , 639 P.2d 732 (1982) (citing RAP 1.2(a) and observing that "[applying strict form would defeat the purpose of the rules to `promote justice and facilitate the decision of cases on the merits'").
discussed Cited "see" State v. McLean (2×)
Wash. · 2003 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995) (noting the discretion provided to an appellate court in RAP 1.2(a) “should normally be exercised unless there are compelling reasons not to do so”); Weeks v. Chief of Wash. State Patrol, 96 Wn.2d 893, 896 , 639 P.2d 732 (1982) (quoting RAP 1.2(a) and observing that “[a]pplying strict form would defeat the purpose of the rules to ‘promote justice and facilitate the decision of cases on the merits’ ”).
discussed Cited "see" Griffin v. Allstate Ins. Co. (2×)
Wash. Ct. App. · 2001 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 323 , 893 P.2d 629 (1995) (this court does not abuse its discretion by considering the merits of appeal where appellant's challenge is clear but technically flawed). [52] Hangman Ridge Training Stables, Inc. v. Safeco Title Ins.
discussed Cited "see" Griffin v. Allstate Insurance (2×)
Wash. Ct. App. · 2001 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995) (this court does not abuse its discretion by considering the merits of appeal where appellant’s challenge is clear but technically flawed).
discussed Cited "see" All Star Gas, Inc. v. Bechard (2×)
Wash. Ct. App. · 2000 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995) (appellate court may exercise its discretion to consider the merits of an issue despite a technical flaw with the appellant’s compliance with the Rules of Appellate Procedure).
discussed Cited "see" All Star Gas, Inc. v. Bechart (2×)
Wash. Ct. App. · 2000 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 323 , 893 P.2d 629 (1995) (appellate court may exercise its discretion to consider the merits of an issue despite a technical flaw with the appellant's compliance with the Rules of Appellate Procedure). [4] Rick claims that because the court entered a finding of fact stating he did not conspire with Randy, there is nothing for this court to review.
discussed Cited "see" Staats v. Brown (2×)
Wash. · 2000 · signal: see · confidence high
See Olson, 126 Wash.2d at 323 , 893 P.2d 629 .
cited Cited "see" Staats v. Brown
Wash. · 2000 · signal: see · confidence high
See Olson, 126 Wn.2d at 323 .
discussed Cited "see" Crosby v. Spokane County (2×)
Wash. · 1999 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315 , 893 P.2d 629 (1995).
discussed Cited "see" Crosby v. County of Spokane (2×)
Wash. · 1999 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315 , 893 P.2d 629 (1995).
discussed Cited "see" Kitsap County v. Allstate Ins. Co. (2×)
Wash. · 1998 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 318 , 893 P.2d 629 (1995).
discussed Cited "see" Kitsap County v. Allstate Insurance (2×)
Wash. · 1998 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 318 , 893 P.2d 629 (1995).
discussed Cited "see" State v. Yokley (2×)
Wash. Ct. App. · 1998 · signal: see · confidence high
See generally State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995); Heaverlo v. Keico Indus., Inc., 80 Wn.
discussed Cited "see" May v. Department of Social & Health Services (2×)
Wash. Ct. App. · 1997 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995).
discussed Cited "see" Union Bay Preservation Coalition v. Cosmos Development & Administration Corp. (2×)
Wash. · 1995 · signal: see · confidence high
See State v. Olson, 126 Wn.2d 315, 322-24 , 893 P.2d 629 (1995).
discussed Cited "see" Union Bay Pres. Coal. v. COSMOS DEVELOP. (2×)
Wash. · 1995 · signal: see · confidence high
See State v. Olson, 126 Wash.2d 315, 322-24 , 893 P.2d 629 (1995).
cited Cited "see, e.g." State Of Washington, V. Theophilus Williamson
Wash. Ct. App. · 2025 · signal: see also · confidence low
State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995); see also Hadley v. Maxwell, 144 Wn.2d 306 , 311 n.1, 27 P.3d 600 (2001) (citing Olson, 126 Wn.2d at 318-19 ).
discussed Cited "see, e.g." State Of Washington v. C.J.L. (2×)
Wash. Ct. App. · 2016 · signal: see, e.g. · confidence low
See, e.g., State v. Olson, 126 Wn.2d 315, 323 , 893 P.2d 629 (1995) (holding that the appellate court may review unassigned errors if the issues are reasonably clear from the arguments in the brief, the opposing party has not been prejudiced, and the court has not been overly inconvenienced).
discussed Cited "see, e.g." Clark County v. Western Washington Growth Management Hearings Board (2×)
Wash. · 2013 · signal: see also · confidence low
See RAP 5.3(a) (“A notice of appeal must... designate the decision or part of decision which the party wants reviewed . . . .”); RAP 10.3(a), (g) (“The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto.”); RAP 12.1 (providing that “the appellate court will decide a case only on the basis of issues set forth by the parties in their briefs” except when “an issue which is not set forth . . . should be considered to properly decide a case”); see also State v. Olson, 126 Wn.2d …
discussed Cited "see, e.g." Clark County v. W. Wash. Growth Mgmt. Hearings Review Bd. (2×)
Wash. · 2013 · signal: see also · confidence low
See RAP 5.3(a) ("A notice of appeal must ... designate the decision or part of decision which the party wants reviewed ... .");RAP 10.3(a), (g) ("The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto."); RAP 12.1 (providing that "the appellate court will decide a case only on the basis of issues set forth by the parties in their briefs" except when "an issue which is not set forth ... should be considered to properly decide a case"); see also State v. Olson, 126 Wn.2d 315, 318-24 , 893 P.…
discussed Cited "see, e.g." LEDCOR INDUSTRIES v. Mutual of Enumclaw Ins. Co. (2×)
Wash. Ct. App. · 2009 · signal: see also · confidence low
See Reply Br. of Resp't/Cross Appellant at 2-8; see also State v. Olson, 126 Wash.2d 315, 320-21 , 893 P.2d 629 (1995). [7] 105 Wash.2d 381, 387 , 715 P.2d 1133 (1986). [8] Id. at 388 , 715 P.2d 1133 . [9] Brief of Resp't/Cross Appellant at 17. [10] Cf. McRory v. Northern Ins.
discussed Cited "see, e.g." Ledcor Industries (USA), Inc. v. Mutual of Enumclaw Insurance (2×)
Wash. Ct. App. · 2009 · signal: see also · confidence low
See Reply Br. of Resp’t/Cross Appellant at 2-8; see also State v. Olson, 126 Wn.2d 315, 320-21 , 893 P.2d 629 (1995). 105 Wn.2d 381, 387 , 715 P.2d 1133 (1986).
discussed Cited "see, e.g." Havlina v. WASHINGTON STATE DEPT. OF TRANS. (2×)
Wash. Ct. App. · 2008 · signal: see also · confidence low
RAP 1.2(a); see also State v. Olson, 126 Wash.2d 315, 318-19 , 893 P.2d 629 (1995).
discussed Cited "see, e.g." Havlina v. Department of Transportation (2×)
Wash. Ct. App. · 2007 · signal: see also · confidence low
RAP 1.2(a); see also State v. Olson, 126 Wn.2d 315, 318-19 , 893 P.2d 629 (1995).
discussed Cited "see, e.g." Armantrout v. Carlson (2×)
Wash. Ct. App. · 2007 · signal: see also · confidence low
Co., 60 Wash. 552, 554 , 111 P. 788 (1910); Masunaga v. Gapasin, 57 Wash.App. 624, 628 , 790 P.2d 171 (1990). [9] Grant v. Libby, McNeill & Libby, 145 Wash. 31, 38 , 258 P. 842 (1927). [10] Bortle, 60 Wash. at 554 , 111 P. 788 ; see also id. at 556 , 111 P. 788 (paraphrasing the earlier stated rule and adding the word "financial"). [11] Masunaga, 57 Wash.App. at 629 , 790 P.2d 171 . [12] Id. at 628 , 790 P.2d 171 . [13] See Mitchell v. Rice, 183 Wash. 402 , 48 P.2d 949 (1935) (issue of dependency properly reserved for the jury when there was substantial evidence that the father depended on mon…
discussed Cited "see, e.g." State v. Chenoweth (2×)
Wash. · 2007 · signal: see, e.g. · confidence low
See, e.g., State v. Olson, 74 Wash.App. 126 , 872 P.2d 64 (1994) (stating power consumption was twice normal usage did not materially affect probable cause and was not shown to be a reckless or intentional misstatement), aff'd 126 Wash.2d 315 , 893 P.2d 629 (1995); State v. Taylor, 74 Wash.App. 111 , 872 P.2d 53 (1994) (failing to specify that a controlled buy occurred outside of the house to be searched was immaterial and apparently innocent); State v. Lane, 56 Wash.App. 286 , 786 P.2d 277 (1989) (omission of informant's criminal history, current drug use, and pending charges was not material…
discussed Cited "see, e.g." Perry v. Costco Wholesale, Inc. (2×)
Wash. Ct. App. · 2004 · signal: see, e.g. · confidence low
See e.g., State v. Olson, 126 Wash.2d 315, 322-23 , 893 P.2d 629 (1995) (reaching the merits notwithstanding technical violations of the Rules of Appellate Procedure). [2] See State v. Johnson, 119 Wash.2d 167, 171 , 829 P.2d 1082 (1992) (we will not review an issue raised in passing or unsupported by authority or persuasive argument). [3] RCW 49.60.180(3). [4] Francom v. Costco Wholesale Corp., 98 Wash. App. 845, 852-53 , 991 P.2d 1182 , review denied, 141 Wash.2d 1017 , 10 P.3d 1071 (2000) (quoting Glasgow v. Georgia-Pacific Corp., 103 Wash.2d 401, 405 , 693 P.2d 708 (1985)). [5] Francom, 98…
discussed Cited "see, e.g." Perry v. Costco Wholesale, Inc. (2×)
Wash. Ct. App. · 2004 · signal: see, e.g. · confidence low
See, e.g., State v. Olson, 126 Wn.2d 315, 322-23 , 893 P.2d 629 (1995) (reaching the merits notwithstanding technical violations of the Rules of Appellate Procedure).
discussed Cited "see, e.g." City of Seattle v. Patu (2×)
Wash. · 2002 · signal: see, e.g. · confidence low
See, e.g., State v. Pam, 101 Wn.2d 507, 511 , 680 P.2d 762 (1984), overruled on other grounds, State v. Olson, 126 Wn.2d 315 , 893 P.2d 629 (1995).
discussed Cited "see, e.g." City of Seattle v. Patu (2×)
Wash. · 2002 · signal: see, e.g. · confidence low
See, e.g., State v. Pam, 101 Wash.2d 507, 511 , 680 P.2d 762 (1984), overruled on other grounds, State v. Olson, 126 Wash.2d 315 , 893 P.2d 629 (1995).
Retrieving the full opinion text from the archive…
The State of Washington, Respondent,
v.
Bryan P. Olson, Petitioner
61860-7.
Washington Supreme Court.
Apr 27, 1995.
893 P.2d 629
Mark D. Mestel and Mestel & Muenster, for petitioner., David R. Needy, Prosecuting Attorney, and K. Garl Long, Chief Criminal Deputy, for respondent.
Utter, Talmadge.
Cited by 245 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Court of Appeals of Washington (4)

Lead Opinion

Utter, J.*

— Bryan Olson petitions for review of a Court of Appeals decision reversing a suppression order and rein[*317] stating a criminal charge against him. Mr. Olson does not challenge the Court of Appeals decision on the merits of the suppression issue. He instead argues only that the Court of Appeals should not have reached that issue and should have dismissed the State’s appeal because the State did not properly appeal from the order suppressing the evidence and failed to assign error to the trial court’s order of dismissal in violation of RAP 10.3(a)(3) and 10.3(g). For the reasons set out in the opinion below, we affirm the Court of Appeals’ denial of Mr. Olson’s motion to dismiss.

On May 20,1992, police officers executed a search warrant at Mr. Olson’s residence and discovered a marijuana growing operation. Mr. Olson was subsequently charged with possession of marijuana with intent to manufacture. He moved to suppress the evidence found in his home on the ground that the affidavit supporting the search warrant contained material misstatements and failed to establish probable cause. On February 11, 1993, a hearing was held and the trial court granted the motion and suppressed the evidence. The State filed a motion, affidavit and order of dismissal, Clerk’s Papers, at 72-73, apparently so the State could appeal the suppression order under RAP 2.2(b)(1).[1] The trial court granted the motion and the charges were dismissed.

On March 1, 1993, the State filed a timely notice of appeal from the dismissal order. Clerk’s Papers, at 74. The[*318] notice of appeal did not specifically refer to the suppression order, but the dismissal order, which was attached to the notice of appeal, clearly stated that the dismissal was based on the suppression of evidence by the trial court. Clerk’s Papers, at 75.

On July 8,1993, the State filed its opening brief. The State assigned error to the suppression order and argued for the validity of the warrant. The State’s brief concluded that the suppression order should be vacated "and the subsequent order of dismissal, be reversed, and the case be remanded to the Superior Court for trial on the merits.” Br. of Appellant, at 21. Mr. Olson then filed a motion to dismiss along with the brief of respondent. The motion to dismiss was based on the grounds that the State failed to assign error to the dismissal order in its opening brief and that the State failed to file a notice of appeal from the suppression order. Motion to Dismiss and Br. of Resp’t, at 1. In its reply brief, the State moved to amend its brief by adding an assignment of error to the dismissal order. Reply Br. of Appellant, at 10-11.

The Court of Appeals denied Mr. Olson’s motion to dismiss. The court found "[s]ince the challenge is clear, justice will be served by reviewing the suppression and dismissal orders. We decide the case on its merits, promoting substance over form. RAP 1.2(a).” (Footnote omitted.) State v. Olson, 74 Wn. App. 126, 129, 872 P.2d 64 (1994). The court thus reached the merits of the case, reversed the trial court, and remanded for trial. Mr. Olson now seeks review of the Court of Appeals’ denial of his motion to dismiss.

RAP 1.2(a) states:

These rules will be liberally interpreted to promote justice and facilitate the decision of cases on the merits. Cases and issues will not be determined on the basis of compliance or noncompliance with these rules except in compelling circumstances where justice demands, subject to the restrictions in rule 18.8(b).

The clear language of this rule supports the conclusion of the Court of Appeals and compels us to find that a technical[*319] violation of the rules, such as that in this case, should normally be overlooked and the case should be decided on the merits. This result is particularly warranted where the violation is minor and results in no prejudice to the other party and no more than a minimal inconvenience to the appellate court.

Mr. Olson cites Transamerica Ins. Group v. United Pac. Ins. Co., 92 Wn.2d 21, 593 P.2d 156 (1979), State v. Fortun, 94 Wn.2d 754, 626 P.2d 504 (1980), State v. Pam, 101 Wn.2d 498, 680 P.2d 762 (1984), and State v. Perry, 120 Wn.2d 200, 840 P.2d 171 (1992), for the proposition that failure to assign error to matters in strict compliance with RAP 10.3(a)(3) will preclude a court from considering those matters on appeal. While these cases can perhaps be read to set out such a broad and rigid rule, that is not the best reading.

In Transamerica, we stated: "[w]e will not consider issues on appeal that are not raised by an assignment of error.”[2] Transamerica, 92 Wn.2d at 28. This statement was made in the discussion of a contention that the Appellant made orally to this court, offering no argument and citing no authority. Moreover, after stating that we would not consider the issue, we nevertheless proceeded to discuss its merits. This case[*320] should therefore be read to hold only that an appellate court generally will not consider an issue raised for the first time during oral argument where there is no argument presented on the issue and no citation to authority provided.

State v. Fortun, supra, is similarly distinguishable from this case, although it involved facts similar to those here. In the trial for criminal possession of a controlled substance, the trial court issued an order suppressing all the physical evidence. The State then presented a proposed order dismissing the case which the trial judge signed. The State subsequently gave notice of appeal from both the pretrial suppression order and the dismissal order. In its brief, however, the State did not assign error to, argue, or request relief from the dismissal order. As in Transamerica, we emphasized not only that the appellant failed to assign error to a particular matter, it also failed to argue or supply citations.

RAP 10.3(a)(3) requires an appellant’s brief to contain a concise statement of each asserted trial court error, together with the issues pertaining to the assignments of error. In addition, RAP 10.3(a)(5) requires argument in support of the issues presented for review, together with citations to legal authority. In appealing the trial court’s pretrial order of suppression . . . the State complied with RAP 10.3(a)(3) and (5). It did not, however, assign error to or argue the more basic and underlying order which dismissed the charge against respondent.

Fortun, 94 Wn.2d at 756.

Because we considered the two violations of the rules so closely together, Fortun cannot stand for the proposition that the failure to assign error to an issue, by itself, will necessarily result in an appellate court refusing to consider that issue. We did state: "[w]e have held consistently that we will not consider matters to which no error has been assigned.” Fortun, 94 Wn.2d at 756. As shown above, however, the cases we cited, Transamerica, Schneider, and Tanzymore, do not stand for such a broad and rigid rule. Moreover, this statement must be read in the context of a complete failure of the appellant to raise the issue in any way[*321] at all — neither in the assignments of error, in the argument portion of the brief, nor in the requested relief.

State v. Pam, supra, relied on Fortun and supports the more narrow reading of that case.

In Fortun, we refused to consider the merits of the State’s appeal from a suppression order because the State had failed to "assign error to or argue the more basic and underlying order which dismissed the charge against respondent.” Fortun, at 756.
Precisely the same events occurred here.

(Italics ours.) Pam, 101 Wn.2d at 511. State v. Perry, 120 Wn.2d 200, 840 P.2d 171 (1992) also relied on Fortun. There, the State again failed to assign error to the underlying order of dismissal. While it is unclear from the opinion whether the State presented argument on the issue or requested relief from the dismissal order, it presumably did not since we stated that Fortun "mandates dismissal of this case because the circumstances here are precisely the same as in Fortun. ” Perry, 120 Wn.2d at 202.

Thus, none of the cases relied on by Mr. Olson are as broad as he suggests. Instead, they stand only for the proposition that when an appellant fails to raise an issue in the assignments of error, in violation of RAP 10.3(a)(3), and fails to present any argument on the issue or provide any legal citation, an appellate court will not consider the merits of that issue. To the extent, however, that Fortun and its progeny may conflict with our holding today, they are overruled.

This more narrow rule is supported by sound policy considerations which do not apply to the broad rule proposed by the Petitioner. The narrow rule makes perfect sense because in the situation where the issue is not raised at all, the court is unable to properly consider the issue prior to the hearing and is given no information on which to decide the issue following the hearing. More importantly, the other party is unable to present argument on the issue or otherwise respond and thereby potentially suffers great preju[*322] dice. That situation is far different from the situation presented in this case, however, where, as the Court of Appeals noted, the nature of the State’s challenge is clear. State v. Olson, 74 Wn. App. 126, 129, 872 P.2d 64 (1994).

Significantly, none of the cases relied on by the Petitioner address the effect of RAP 1.2(a) which states that "[c]ases and issues will not be determined on the basis of compliance or noncompliance with these rules except in compelling circumstances where justice demands”. There is another line of cases from this court, however, that addresses the effect of RAP 1.2(a) on technical violations of the rules.

In State v. Reader’s Digest Ass’n, 81 Wn.2d 259, 501 P.2d 290 (1972), appeal dismissed, 411 U.S. 945 (1973), we stated: "[t]he fact that the state mistakenly appealed from the order denying its motion rather than from judgment is purely a technicality. The state’s obvious and overriding intent was to appeal from the judgment.” Reader’s Digest Ass’n, 81 Wn.2d at 266. In deciding to overlook a technical violation of the rules, we relied on a predecessor of RAP 1.2(a) which "admonish[es] us to decide cases on the merits, disregarding mere technicalities, where possible.” Reader’s Digest Ass’n, 81 Wn.2d at 266 (citing Rule on Appeal 63).

We specifically addressed the effect of RAP 1.2(a) in Daughtry v. Jet Aeration Co., 91 Wn.2d 704, 592 P.2d 631 (1979). The court stated:

RAP 1.2(a) makes clear that technical violation of the rules will not ordinarily bar appellate review, where justice is to be served by such review. In these circumstances, where the nature of the challenge is perfectly clear, and the challenged finding is set forth in the appellate brief, we will consider the merits of the challenge.

Daughtry v. Jet Aeration Co., 91 Wn.2d at 710.

Relying on Daughtry, we reached the same conclusion regarding the effect of RAP 1.2(a) in State v. Williams, 96 Wn.2d 215, 220, 634 P.2d 868 (1981) and State v. Estrella, 115 Wn.2d 350, 355, 798 P.2d 289 (1990). In fact, every case in which we have considered a technical noncompliance with the rules concerning appellate briefing or notice of[*323] appeal in light of RAP 1.2(a), we have decided to reach the merits of the case or issue.[3] See Queen City Farms, Inc. v. Central Nat’l Ins. Co., 124 Wn.2d 536, 549 n.1, 882 P.2d 703 (1994); National Fed’n of Retired Persons v. Insurance Comm’r, 120 Wn.2d 101, 116, 838 P.2d 680 (1992); State v. Schaupp, 111 Wn.2d 34, 39 n.1, 757 P.2d 970 (1988); Green River Comm’ty College Dist. 10 v. Higher Educ. Personnel Bd., 107 Wn.2d 427, 431, 730 P.2d 653 (1986).

It is clear from the language of RAP 1.2(a), and the cases decided by this court, that an appellate court may exercise its discretion to consider cases and issues on their merits. This is true despite one or more technical flaws in an appellant’s compliance with the Rules of Appellate Procedure. This discretion, moreover, should normally be exercised unless there are compelling reasons not to do so. In a case where the nature of the appeal is clear and the relevant issues are argued in the body of the brief and citations are supplied so that the court is not greatly inconvenienced and the respondent is not prejudiced, there is no compelling reason for the appellate court not to exercise its discretion to consider the merits of the case or issue.

In this case, as the Court of Appeals noted:

The notice of appeal clearly states what is intended, the brief was sufficient for Olson to respond, and he has responded. Olson has not been prejudiced and the review process has not been significantly impeded by any technical inadequacy in the State’s opening brief.

State v. Olson, 74 Wn. App. at 129. Under these circumstances, it cannot be said that the Court of Appeals abused its discretion under RAP 1.2(a) in deciding to consider the merits of the case, "promoting substance over form”. Olson, 74 Wn. App. at 129.

There is no compelling reason why this case should not be decided on its merits. The Court of Appeals properly[*324] exercised its discretion in this case and we therefore affirm its denial of Mr. Olson’s motion to dismiss.

Durham, C.J., and Dolliver, Smith, Guy, Johnson, Mad-sen, and Alexander, JJ., concur.

Judge Robert F. Utter is serving as a justice pro tempore of the Supreme Court pursuant to Const. art. 4, § 2(a) (amend. 38).

1

RAP 2.2(b)(1) permits the appeal of "[a] decision which in effect abates, discontinues, or determines the case other than by a judgment or verdict of not guilty, including but not limited to a decision setting aside, quashing, or dismissing an indictment or information.” It is unclear why the State chose to move for a dismissal and then appeal the dismissal order under RAP 2.2(b)(1) rather than appealing the suppression order directly under RAP 2.2(b)(2) which allows an appeal of a pretrial suppression order "if the trial court expressly finds that the practical effect of the order is to terminate the case.” The record suggests, however, that at the time of the dismissal, the parties assumed that such an order was necessary in order to put the case in a procedural posture such that an appeal could be filed. As Olson did not challenge in his brief the procedure followed, and only implied during oral argument that it may have been problematic without providing argument in his brief on the point, we will not address the propriety of this procedure.

2

We cited two cases for this general proposition. Neither of these cases, however, stands for such a strict rule.

In Schneider v. Forcier, 67 Wn.2d 161, 406 P.2d 935 (1965), this court, in discussing the merits of an argument made by the appellants, noted that the argument, considered in the most apparent way, is unsound. We stated, however, that the argument could he considered in another manner which would raise certain constitutional questions. Because the constitutionality of the statute was not raised in the assignments of error, and presumably not argued by the parties, we concluded that we would not consider the issue. In support, we cited Rule on Appeal 43, the predecessor to RAP 10.3(a)(3).

In State v. Tanzymore, 54 Wn.2d 290, 292, 340 P.2d 178 (1959), we simply stated that a vague assignment of error which states only that "substantial justice was denied the appellant in the lower court” does not raise any issues that an appellate court can address. As in Schneider, we did not refuse to address any actual issues that the appellant raised.

Thus, these cases do not stand for the broad proposition that an appellate court will not consider an issue raised and argued by the appellant because of some technical noncompliance with the Rules of Appellate Procedure.

3

This court has not treated criminal cases and civil cases any differently in this regard. The same standard under RAP 1.2(a) applies to both — strict compliance to the rules will be required only "in compelling circumstances where justice demands”.

Concurrence

Talmadge, J.

)(concurring) — I concur with the majority opinion. The failure to assign error, as required by RAP 10.3(a) and RAP 10.3(g), should not result in the waiver of the error on appeal where the issue associated with the error is plainly articulated and argued. An issue is waived, however, if counsel do not plainly articulate and argue it in the appellate pleadings.

I write separately only to emphasize that proper assignments of error are indeed mandatory in briefs. RAP 10.3(a)(3), RAP 10.3(b), RAP 10.3(g), RAP 10.3(h). Assignments of error assist counsel and the appellate courts to focus the issues for decision. Even though the failure to assign error may not result in the waiver of the issue associated with the alleged error, sanctions under RAP 10.7 may well be appropriate for counsel who neglect to meet the requirements of RAP 10.3. See, e.g., Hurlbert v. Gordon, 64 Wn. App. 386, 824 P.2d 1238, review denied, 119 Wn.2d 1015 (1992).