In re Mines, 92459-7

• Decision Date: 13 June 2016
• Docket Number: NO. 92459-7,92459-7
• Citation: 186 Wash.2d 1001,395 P.3d 997 (Table)
• Parties: In the MATTER OF the Personal Restraint of: John Edward MINES, Jr., Petitioner.
• Court: Washington Supreme Court

186 Wash.2d 1001

395 P.3d 997 (Table)

In the MATTER OF the Personal Restraint of: John Edward MINES, Jr., Petitioner.

NO. 92459-7

Supreme Court of Washington.

June 13, 2016

RULING DENYING REVIEW

¶ 1 John Mines was convicted in 2003 of first degree rape, first degree kidnapping, and second degree assault. This court affirmed the judgment and sentence on direct appeal, and the judgment became final in 2008. See State v. Mines, 163 Wn.2d 387, 179 P.3d 835 (2008). While the appeal had been pending, Mr. Mines filed a personal restraint petition in Division Three of the Court of Appeals, which the court stayed pending the outcome of the appeal. After the appeal became final, Mr. Mines timely filed a supplemental brief in connection with the personal restraint petition arguing that the trial court violated his right to a public trial by examining some prospective jurors in private without conducting the court closure analysis required by State v. Bone-Club, 128 Wn.2d 254, 906 P.2d 325 (1995). The Court of Appeals thereafter stayed consideration of the personal restraint petition several more times pending decisions of this court on the public trial right. The last stay was lifted in January 2015, and a panel judges considered the petition and dismissed it. In re Pers. Restraint of Mines, 190 Wn.App. 554, 364 P.3d 121 (2015). Mr. Mines now seeks this court's discretionary review. RAP 16.14(c).

¶ 2 To obtain this court's review, Mr. Mines must show that the Court of Appeals decision conflicts with a decision of this court or with another Court of Appeals decision, or that he is raising a significant constitutional question or an issue of substantial public interest. RAP 13.4(b); RAP 13.5A(a)(1), (b). He does not make this showing. Although he raised a number of issues below, he now argues only that the Court of Appeals erred in denying his motion to file an amended personal restraint petition asserting for the first time that his appellate counsel was ineffective in failing to raise a public trial claim on direct appeal, and that his former counsel on collateral review was ineffective in not raising the issue of appellate counsel's ineffectiveness in the originally filed personal restraint petition.¹ But the court did not err. As indicated, the judgment and sentence became final in 2008. Although Mr. Mines timely filed a personal restraint petition, he did not move to file an amended petition challenging the effectiveness of appellate counsel and his original counsel on collateral review until September 2013, and he did not file a supplemental brief on this point until February 2015, well beyond the one-year time limit on collateral...