State v. Njonge
161 Wash. App. 568
Wash. Ct. App.2011Background
- Njonge was convicted of second-degree murder (a lesser included offense of the charged first-degree count).
- He challenges the conviction on the ground that the public was denied a public trial when voir dire occurred with the courtroom closed to observers.
- Pretrial motions included a State request to exclude witnesses from voir dire; the court limited where observers could sit due to space constraints.
- The court stated observers could watch from an entry hall if space allowed, but ultimately seating for observers was limited; no formal closure order or objections were recorded.
- During jury selection the court moved seats to accommodate observers and indicated whether doors could be kept open; the record does not show observers asked to leave or any party objection.
- The court did not perform a Bone-Club analysis on closure, and ultimately reversed and remanded for a new trial addressing the public-trial issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voir dire closure violated the public-trial right | Njonge | State | Closure occurred; reversible error |
| Whether the issue is preservable on appeal despite lack of objection | Njonge | State | Review allowed without objection; preservation not required |
| Whether Bone-Club factors were considered or required to assess closure | Njonge | State | Bone-Club factors required but not applied; remand for new trial |
| Scope of review and applicable authorities for public-trial closure | Njonge | State | Public-trial right governs; Presley/Orange-Bone-Club framework applied |
Key Cases Cited
- State v. Bone-Club, 128 Wn.2d 254 (1995) (five-factor Bone-Club test for closure and need for findings)
- State v. Easterling, 157 Wn.2d 167 (2006) (requires Bone-Club analysis and express findings when closing court)
- In re Pers. Restraint of Orange, 152 Wn.2d 795 (2004) (recognizes closure due to space/ security; Bone-Club factors apply)
- Presley v. Georgia, 130 S. Ct. 721 (2010) (public-trial protections; Presley emphasizes need for careful closure analysis)
- State v. Brightman, 155 Wn.2d 506 (2005) (discusses open administration of justice and public-trial safeguards)
- State v. Strode, 167 Wn.2d 222 (2009) (highlights public-trial right and protective standards)
- State v. Duckett, 141 Wn. App. 797 (2007) (recognizes ability to raise public-trial issues on appeal; not always require objection)
- State v. Orange, 152 Wn.2d 795 (2004) (key case on closure due to space; Bone-Club factors applied)
- Gaines v. Frazier, 144 Wash. 446 (1927) (historical note on closure presumption; later superseded)