334 P.3d 1088
Wash.2014Background
- Slert was tried for murder; two prior convictions were reversed for instructional error/recusal issues.
- Prior to the third trial, defense proposed a juror questionnaire to screen for external knowledge of the case; the court did not permit in-chambers questioning to be recorded.
- Two panels of potential jurors completed the questionnaire; four jurors were dismissed for cause based on their answers in chambers.
- The judge later announced in court that four jurors had been excused after in-chambers review, and additional jurors with prior knowledge were questioned in open court; the remainder of voir dire occurred in open court.
- Court of Appeals reversed on public-trial grounds and right to be present; the Supreme Court granted review on the public-trial issue and remanded on the harmlessness of the right to be present.
- The Supreme Court held no open public trial violation based on the in-chambers discussion and remanded for a harmlessness assessment of the right to be present.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-voir-dire in-chambers juror discussions violated open courts. | Slert contends in-chambers discussion breached public-trial protections. | Slert argues the proceedings were closed without Bone-Club analysis. | No public-trial violation found on record. |
| Whether the dismissal of jurors for cause based on questionnaire answers constitutes voir dire. | Slert asserts dismissals occurred in private chambers. | State contends it was part of voir dire and permissible. | Dismissals did not require open proceedings; review remanded for harmlessness. |
| Whether the record sustains a Bone-Club closure analysis. | Record insufficient for Bone-Club closure analysis. | Record inadequate to infer closure violated public trial rights. | Record insufficient; cannot infer a constitutional violation; remand for harmlessness analysis. |
Key Cases Cited
- State v. Wise, 176 Wn.2d 1 (2012) (public-trial right applies to voir dire; structural error when closed)
- State v. Brightman, 155 Wn.2d 506 (2005) (public-trial protections; Bone-Club framework relevance)
- State v. Sublett, 176 Wn.2d 58 (2012) (recognizes chambers discussions may implicate public trials; Bone-Club factors)
- State v. Bone-Club, 128 Wn.2d 254 (1995) (establishes Bone-Club five-factor framework for closures)
- Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984) (public trial right analysis via experience and logic prongs)