Legal Opinion

State of Washington v. Dallin David Fort

Court of Appeals of Washington

Decided September 15, 2015No. 26830-6-III; 26204-9-IIIPublishedCited by 11 opinions

1Opinion of the Court

Fearing, J. —

¶1 We enter a quagmire of appellate and personal restraint petition procedural rules. We consolidated a personal restraint petition and a second direct appeal filed by Dallin D. Fort upon his convictions for child rape. We agree that, at trial, Fort’s public trial rights were violated when counsel and the trial court questioned potential jurors in the judge’s chambers without the trial court performing a Bone-Club analysis, as State v. Bone-Club, 128 Wn.2d 254, 906 P.2d 325 (1995) requires. Fort did not waive the right, nor did he invite error. After reaching these initial…

Also in this document: Concurrence.

2Cases cited74 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. In Re OliverSupreme Court of the United States · 1948
  5. Waller v. GeorgiaSupreme Court of the United States · 1984

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3Cited by11 opinions

  1. In re the Personal Restraint of MinesCourt of Appeals of Washington · 2015
  2. Personal Restraint Petition Of Calvin Artie EagleCourt of Appeals of Washington · 2016
  3. Personal Restraint Petition Of Ronald SorensonCourt of Appeals of Washington · 2017
  4. State Of Washington v. Cyrus N. Plush, IiCourt of Appeals of Washington · 2021
  5. State Of Washington v. Steven Lee CookCourt of Appeals of Washington · 2017

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