State v. Koss, 334 P.3d 1042

Koss was convicted of first-degree burglary.
An in-chambers meeting with judge and counsel occurred near trial end to discuss jury instructions; no transcript or agreed record exists.
Afterwards the judge stated in open court that she had given counsel the instructions and changed one; this is treated as an in-chambers instructions conference.
Two jury questions during deliberations were answered in writing; there is no transcript, minute entry, or other documentation of any in-chambers discussion.
The Court of Appeals affirmed; the Supreme Court affirms based on controlling Sublett precedent limiting public-trial rights to certain proceedings and permitting appeal-based challenges to closures when properly recorded.
The opinion discusses standards for raising public-trial claims on appeal and the need for a sufficient record to prove closures.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether in-chambers instruction conferences implicate the public-trial right.	Koss; Sublett allows appeal on public-trial issues.	State; Sublett holds preliminary instruction conferences are not public-trial closures.	Not a public-trial closure; Sublett controls.
Whether jury questions during deliberations in closed proceedings violated the public-trial right.	Koss argues there was a closed proceeding without invitees record.	Record insufficient to prove a closure occurred; no documented in-chambers discussion.	No manifest error shown; record insufficient to prove closure.
Whether Koss could raise the public-trial claim for the first time on appeal.	Koss pursues fresh public-trial challenges on appeal.	Waiver not automatic; standards exist for raising on appeal.	Allowed under Wise and related precedents; de novo review.
Whether the record duties under CrR 6.15(f)(1) and related rules were satisfied.	CrR 6.15 requires open-record handling of jury questions with counsel present.	Record is silent on consultation or non-consultation; cannot conclude.	Record insufficient to show violation; no CrR 6.15 deviation proven.

State v. Sublett, 176 Wn.2d 58 (2012) (public-trial right not implicated by in-chambers jury instructions discussions; pre-deliberation conferences may be private)
State v. Wise, 176 Wn.2d 1 (2012) (defendant may raise public-trial claims on appeal; no waiver for failure to object)
State v. Brightman, 155 Wn.2d 506 (2005) (failure to object does not waive public-trial claim)
State v. Easterling, 157 Wn.2d 167 (2006) (public-trial challenges may be raised on appeal; de novo review)
State v. Paumier, 176 Wn.2d 29 (2012) (manifest error standard for courtroom closure)
State v. Bone-Club, 128 Wn.2d 254 (1995) (record must address factors before closing proceedings under public-trial right)
State v. Jasper, 174 Wn.2d 96 (2012) (burden on defendant to provide an adequate record on review)
State v. WWJ Corp., 138 Wn.2d 595 (1999) (two components of manifest error; public-trial violation requires record evidence)