357 P.3d 38
Wash.2015Background
- Russell was charged with vehicular homicide/vehicular assault and tried after extradition and venue change.
- Two-day jury-questionnaire review sessions occurred in the jury room with the judge, Russell, and counsel, not in open court.
- The sessions involved screening for hardship excuses and were not Bone-Club analyses on the record.
- Decisions on hardship were announced in open court after the sessions, with some jurors excused and others subjected to further inquiry.
- The Court of Appeals affirmed; this Court granted review solely on public-trial issues and related doctrinal questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did jury-room hardship-review sessions implicate the public trial right? | Russell | State | No public-trial violation. |
| Should the structural-error doctrine be revisited in public-trial cases? | State | State | Not revisited; held dicta not necessary to decision. |
Key Cases Cited
- State v. Sublett, 176 Wn.2d 58 (Wash. 2012) (plurality on public-trial and hardship)
- State v. Njonge, 181 Wn.2d 546 (Wash. 2014) (public-trial implications of hardship excusés)
- State v. Slert, 181 Wn.2d 598 (Wash. 2014) (public-trial, hardship determinations)
- In re Det. of Morgan, 180 Wn.2d 312 (Wash. 2014) (open-records in detention decisions)
- State v. Bone-Club, 128 Wn.2d 254 (Wash. 1995) (structural error in public-trial context)