Subscribe in a reader

ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: Bone Club Error Requires Actual and Substantial Prejudice in Context of PRP

Personal Restraint of Coggins

Surprisingly, some issues have yet to be dealt with. In a personal restraint petition, you can collaterally attack the verdict sometimes based on certain constitutional rights. Here, Coggins requested a review based on questioning of jurors in chambers. The judge did not do what is called a Bone-Club analysis for courtroom closures. As those who are following the blog know, courts are open to the public. When they’re not open to the public, there has to be a reason for the closure. Usually, this would be attacked on appeal. When the time for appeal has passed, what needs to be shown?

Well, the court answered that question…kind of. Four justices held there was no right to review here because it required a showing of actual and substantial prejudice. One justice held there was no right to review because the defendant actually invited the courtroom closure. Four justices held that a public trial right violation in questioning jurors conclusively establishes prejudice.

So what did the one justice (Madsen) sitting in the middle say regarding actual and substantial prejudice? She said its the rule:

Nevertheless, because guidance is needed I would agree with the majority that the error here, failure to engage in the analysis outlined in State v. Bone-Club, 128 Wn.2d 254, 906 P .2d 325 (1995), requires a petitioner in a personal restraint petition to prove prejudice unless he can demonstrate that the error in his case '"infect[ ed] the entire trial process"' and deprive the defendant of '"basic protections,"' without which '"no criminal punishment may be regarded as fundamentally fair."'

Now, I have a certain appreciation for Madsen here. She looked to principles of justiciability to figure that she need not answer the question that was asked at all. Its very sound judicial reasoning. However, she sees the opinion is splitting four four, and she sees that this issue will come back unless she sets the record on this issue. Great opinion riding that appeals to the justiciability nerd in me.

While Issaquah Legal Services does not yet have a criminal attorney, we plan on having one in the near future. Please feel free to call us for recommendations on a Criminal Law Attorney.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.