In re Pers. Restraint of Erhart (Majority)
Annotate this CaseToby Erhart's judgment and sentence on multiple counts of first degree child rape and incest became final on direct appeal in 2008. During Erhart's trial, the court interviewed several prospective jurors privately in chambers without first conducting the courtroom closure analysis required by "Washington v. Bone-Club." The jury found Erhart guilty of multiple sex offenses, and the trial court imposed an exceptional sentence. Erhart did not raise a public trial issue on direct appeal. The Court of Appeals affirmed the convictions but reversed the exceptional sentence and remanded for resentencing. In 2010 Erhart filed a personal restraint petition challenging his convictions, arguing for the first time that his constitutional right to a public trial was violated. The Court of Appeals dismissed the petition as untimely. The Supreme Court granted discretionary review. Finding that Erhart filed his personal restraint petition more than one year after his judgment and sentence became final, the petition was indeed untimely, the Supreme Court affirmed.
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