In re the Personal Restraint of Erhart

¶1 Toby Erhart’s judgment and sentence on multiple counts of first degree child rape and incest became final on direct appeal in 2008. 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. We grant discretionary review and affirm.

FACTS

¶2 During Erhart’s trial, the court interviewed several prospective jurors privately in chambers without first conducting the courtroom closure analysis required by State v. Bone-Club, 128…