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298 P.3d 148
Wash. Ct. App.
2013
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Background

  • Wilson appeals jury-trial convictions for 13 counts of first-degree child rape of AH.
  • He argues prevoir-dire administrative juror excusáis violated his right to a public trial and his right to be present.
  • Two ill jurors were excused by the bailiff before voir dire began, under a court policy permitting administrative excusáis.
  • The trial court offered to bring the excused jurors into the courtroom for Wilson’s presence, which he declined.
  • Voir dire proceeded in open court with 14 jurors (plus 2 alternates); Wilson was convicted and appeals on public-trial and presence theories.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did prevoir-dire administrative juror excusáis implicate the public-trial right requiring Bone-Club analysis? Wilson Excusáis were administrative, notVoir dire; no Bone-Club analysis required No; public-trial right not implicated by prevoir-dire administrative excusáis.
Did prevoir-dire administrative juror excusáis violate Wilson’s right to be present at all critical stages? Wilson Excusáis administrative, not case-specific; presence not required No; absence was permissible under Irby and related authority.

Key Cases Cited

  • State v. Paumier, 176 Wn.2d 29 (Wash. 2012) (public-trial right extends to voir dire; Bone-Club analysis required for closures)
  • State v. Wise, 176 Wn.2d 1 (Wash. 2012) (public-trial right applies to voir dire; closure analysis required in that context)
  • State v. Sublett, 176 Wn.2d 58 (Wash. 2012) (adopts United States experience-and-logic test for public-trial attachment)
  • In re Personal Restraint of Yates, 177 Wn.2d 1 (Wash. 2013) (applies Sublett test; confirms openness and logic framework now guide public-trial questions)
  • State v. Irby, 170 Wn.2d 874 (Wash. 2011) (right to be present extends to voir dire; distinguishes pre-voir-dire administrative excusáis)
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Case Details

Case Name: State v. Wilson
Court Name: Court of Appeals of Washington
Date Published: Apr 2, 2013
Citations: 298 P.3d 148; 174 Wash. App. 328; No. 41990-4-II
Docket Number: No. 41990-4-II
Court Abbreviation: Wash. Ct. App.
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