Opinion
No. 83831–3.
2014-04-9
In the Matter of the Personal Restraint of Steven E. PINK, Petitioner.
ORDER
¶ 1 Steven E. Pink filed a timely personal restraint petition challenging his 1999 convictions for conspiracy to commit first degree murder and first degree assault. Mr. Pink contends among other things that the trial court conducted a portion of jury voir dire in chambers in violation of his right to a public trial, and that appellate counsel was ineffective in failing to raise that issue on direct appeal. This court stayed Mr. Pink's petition pending this court's decision in State v. Wise, 176 Wash.2d 1, 288 P.3d 1113 (2012). After the stay was lifted, and after receipt of supplemental briefing, the court considered the petition at its April 3, 2014, en banc conference.
¶ 2 The State concedes that the records provided show that the trial court conducted voir dire of 19 prospective jurors in chambers. And the State does not dispute that before holding in-chambers voir dire the trial court failed to conduct the analysis required by State v. Bone–Club, 128 Wash.2d 254, 906 P.2d 325 (1995). It is further undisputed that Mr. Pink's appellate counsel did not raise the public trial issue on direct appeal. Under these undisputed facts Mr. Pink is entitled to relief in the form of a new trial pursuant to In re Personal Restraint of Morris, 176 Wash.2d 157, 288 P.3d 1140 (2012).
¶ 3 A majority of the court has therefore agreed that the following order be entered.
¶ 4 IT IS HEREBY ORDERED:
¶ 5 That the personal restraint petition is granted solely as to the public trial issue as it relates to ineffective assistance of appellate counsel, the judgment and sentence is reversed, and the case is remanded to the superior court for a new trial.