In re Pers. Restraint of Serano Salinas (Majority, Concurrence and Dissent)Annotate this Case
The issue this case presented for the Washington Supreme Court’s review centered on whether the invited error doctrine applied to Hector Serano Salinas's personal restraint petition (PRP), which argued for the first time on collateral review that his public trial right was violated by private questioning of some potential jurors in chambers and that his appellate counsel was ineffective for failing to raise the public trial right violation on direct review. Based on the particular circumstances of this case, the Supreme Court held Salinas invited the courtroom closure error that he now argued on appeal, and was precluded from raising that error. Further, consistent with the U.S. Supreme Court's recent decision in Weaver v. Massachusetts, U.S. , 137 S. Ct. 1899 (2017), the Washington Court held Salinas's assertion of ineffective assistance of appellate counsel failed because he did not meet his burden of showing that he was prejudiced by the courtroom closure error.