In re Pers. Restraint of Morris
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Petitioner Patrick L. Morris filed a personal restraint petition, alleging a violation of his right to a public trial when the trial court conducted part of voir dire in chambers. Further, he claimed his appellate counsel was ineffective for failing to raise the violation on direct review. Upon review, the Supreme Court held that where appellate counsel fails to raise a public trial right claim, where prejudice would have been presumed on direct review, a petitioner is entitled to relief on collateral review. Morris additionally challenged evidentiary decisions by the trial court relating to a proposed defense expert witness and argued that his trial counsel was ineffective in handling the expert testimony issue. The Court held that Morris failed to meet his burden on the evidentiary and trial counsel issues. But because of Morris's ineffective assistance of appellate counsel,
the Court reversed and remanded the case for a new trial.
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