In re Pers. Restraint of Meredith (Majority and Concurrence)
Annotate this CaseAt Gary Meredith's trial, the trial court mistakenly gave the State and defense counsel one less peremptory challenge than they were entitled to under CrR 6.4(e)(1) and CrR 6.5. Meredith claimed his appellate counsel was ineffective for failing to raise the peremptory challenge violation on direct review. In an unpublished opinion, the Court of Appeals agreed with Meredith, reversing his convictions and remanding for a new trial. However, under RAP 2.5(a), the appellate court could have refused to hear the claim of error because it was not objected to at trial and it is not a type of structural error that requires automatic reversal. Thus, the Washington Supreme Court held Meredith's appellate counsel was not ineffective for failing to raise that claim of error.
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