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309 P.3d 795
Wash. Ct. App.
2013
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Background

  • Halverson was convicted of two counts of unlawful firearm possession, plus attempted first degree murder and first degree assault with firearm enhancements, after two trials.
  • Okoniewski was shot multiple times; he survived and reported Halverson as the shooter.
  • Authorities discovered Halverson, a felon, possessed a firearm on at least one occasion other than the day of the shooting.
  • During the second trial, juror 11 looked up words in a dictionary; the court questioned him in chambers with counsel present.
  • Juror 11 was dismissed and replaced with an alternate; deliberations were reset with the new juror.
  • Halverson appealed on multiple grounds but the court affirmed most convictions, striking only the mental health community custody provision.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether public trial rights attach to preliminary juror questioning Halverson contends public trial right attaches to all juror questioning. The State argues questioning deliberating jurors is historically closed and not open to public. Public trial right does not attach; no Bone-Club analysis required.
Whether the record supports a public-trial-error remedy on appeal Halverson seeks retrial for public-trial violation. State argues no reversible error given no attachment and proper handling. No reversible public-trial error; affirmed convictions and remanded to correct judgment for mental health condition ground.

Key Cases Cited

  • State v. Sublett, 176 Wn.2d 58 (2012) (establishes experience and logic test for public-trial issues)
  • State v. Bone-Club, 128 Wn.2d 254 (1995) (bone-club five-factor framework for open proceedings)
  • State v. Wilson, 141 Wn. App. 597 (2007) (in-camera questioning of impaneled juror not per se reversible)
  • United States v. Edwards, 823 F.2d 111 (5th Cir. 1987) (midtrial juror questioning historically closed to public)
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Case Details

Case Name: State v. Halverson
Court Name: Court of Appeals of Washington
Date Published: Sep 24, 2013
Citations: 309 P.3d 795; 176 Wash. App. 972; No. 42761-3-II
Docket Number: No. 42761-3-II
Court Abbreviation: Wash. Ct. App.
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