State v. Otton

¶37 (concurring) — I agree with the majority that this is a case about stare decisis. The petitioner, Nakia Lee Otton, concedes that the Court of Appeals’ decision is correct under this court’s holding in State v. Smith, 97 Wn.2d 856, 863, 651 P.2d 207 (1982), and he asks *691us to overrule that holding. Thus, this case requires us to decide whether Smith should be abandoned as incorrect and harmful. See In re Rights to Water of Stranger Creek, 77 Wn.2d 649, 653, 466 P.2d 508 (1970) (“The true doctrine of stare decisis ... requires a clear showing that an established rule is incorrect and harmful…