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STATE v. WWJ CORP.

No. 66469-2.

980 P.2d 1257 (1999)

138 Wash.2d 595

STATE of Washington, Respondent, v. WWJ CORPORATION, a Washington corporation, d/b/a/ Mountain Pacific Mortgage; William W. Johnson and Jane Doe Johnson, husband and wife; Petitioners, and DMG Mortgage # 13, Inc., a Washington corporation; DMG # 16, Inc., a Washington corporation; Diversified Mortgage, Inc., a Washington corporation; and DMG Mortgage, Inc., an Indiana corporation; Defendants.

Supreme Court of Washington, En Banc.

Decided July 29, 1999.

Attorney(s) appearing for the Case

Carney, Badley, Smith & Spellman, James E. Lobsenz, Seattle, for Petitioners.

Christine Gregoire, Attorney General, David M. Horn, Asst. Atty. Gen., Sally R. Gustafson, Senior Asst. Atty. Gen., Seattle, for Respondent.

IRELAND, J.

WWJ Corporation and William and Rosemary Johnson were fined $500,000 for violating the Mortgage Broker Practices Act and the Consumer Protection Act 250 times. On appeal they argued the fine violates the Excessive Fines Clause of the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment. The Court of Appeals declined to address the newly raised constitutional issues. We find the Court of Appeals applied the incorrect standard in rejecting...

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