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State v. Anderson

Court of Appeals of Washington, Division 2

May 19, 2015

The State of Washington , Respondent ,
v.
Calvert R. Anderson, Jr. , Appellant

Oral Argument February 18, 2015

Appeal from Thurston Superior Court. Docket No: 13-1-00532-1. Judge signing: Honorable Gary Ray Tabor. Judgment or order under review. Date filed: 10/23/2013.

Lisa E. Tabbut, for appellant.

Jon Tunheim, Prosecuting Attorney, and Carol L. La Verne, Deputy, for respondent.

Authored by Bradley A. Maxa. Concurring: Linda CJ Lee, Rich Melnick.

OPINION

Bradley A. Maxa, J.

Page 256

[187 Wn.App. 710] ¶ 1 Calvert Anderson Jr. appeals his convictions for third degree assault and obstructing a law enforcement officer. During voir dire, Anderson successfully challenged four prospective jurors for cause at a sidebar conference. We hold that the trial court violated Anderson's constitutional right to a public trial by allowing counsel to make juror challenges for cause at a sidebar conference without first conducting a Bone-Club [1] analysis. Therefore, we reverse Anderson's convictions and remand for a new trial.

Page 257

FACTS

¶ 2 The State charged Anderson with third degree assault and obstructing a law enforcement officer after he scuffled with police officers. A jury convicted Anderson of both crimes.

¶ 3 During voir dire, Anderson challenged four prospective jurors for cause at a sidebar conference. The trial court dismissed all four challenged prospective jurors.[2] No transcription of the sidebar conference appears in the record, but the trial court later noted the challenges and resulting dismissals for the record. The ...


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