Personal Restraint Petition Of Robert Lee Willis

CourtCourt of Appeals of Washington
DecidedJune 26, 2023
Docket83732-0
StatusUnpublished

This text of Personal Restraint Petition Of Robert Lee Willis (Personal Restraint Petition Of Robert Lee Willis) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Personal Restraint Petition Of Robert Lee Willis, (Wash. Ct. App. 2023).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

IN THE MATTER OF THE PERSONAL No. 83732-0-I RESTRAINT OF: DIVISION ONE ROBERT LEE WILLIS, UNPUBLISHED OPINION Petitioner

FELDMAN, J. — Robert Lee Willis filed a personal restraint petition

challenging his 2018 conviction for burglary under RAP 16.4. He claims that his

trial counsel provided ineffective assistance in numerous respects as detailed

below. He also claims scrivener’s error regarding the date of his crime. Because

the facts of this case are known to the parties, we do not repeat them here

except as relevant to the arguments below. We reject Mr. Willis’s ineffective

assistance arguments and grant his request to correct an identified scrivener’s

error as follows.

A. Ineffective assistance of counsel

To obtain collateral relief, a petitioner must show either an error of

constitutional magnitude that gives rise to actual prejudice or a non-constitutional

error that “‘inherently results in a complete miscarriage of justice.’” In re Pers.

Restraint of Grantham, 168 Wn.2d 204, 212-13, 227 P.3d 285 (2010) (quoting In

re Pers. Restraint of Isadore, 151 Wn.2d 294, 298, 88 P.3d 390 (2004)). An No. 83732-0-I/2

ineffective assistance of counsel claim is a claimed constitutional error. See

State v. Grier, 171 Wn.2d 17, 32, 246 P.3d 1260 (2011). Such claims present

mixed questions of law and fact, which this Court reviews de novo. In re Pers.

Restraint of Fleming, 142 Wn.2d 853, 865, 16 P.3d 610 (2001). To succeed, a

petitioner must show that their counsel’s performance (1) fell below an objective

standard of reasonableness and (2) prejudiced them. Strickland v. Washington,

466 U.S. 668, 687-88, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). If a petitioner

submitting a personal restraint petition meets this burden, they have necessarily

met their burden to show a constitutional error that caused actual prejudice. In re

Pers. Restraint of Crace, 174 Wn.2d 835, 846-47, 280 P.3d 1102 (2012).

This court approaches an ineffective assistance of counsel claim with a

strong presumption that counsel provided effective representation. In re Pers.

Restraint of Davis, 152 Wn.2d 647, 673, 101 P.3d 1 (2004). A petitioner can

“‘rebut this presumption by proving that his attorney’s representation was

unreasonable under prevailing professional norms and that the challenged action

was not sound strategy.’” Id. (quoting Kimmelman v. Morrison, 477 U.S. 365,

384, 106 S. Ct. 2574, 91 L. Ed. 2d 305 (1986). This Court evaluates the

reasonableness of counsel’s performance from “‘counsel’s perspective at the

time of the alleged error and in light of all the circumstances.’” Id. (quoting

Kimmelman, 477 U.S. at 384). To establish prejudice, the petitioner must show a

reasonable probability that the result of the trial would have been different without

their counsel’s deficient performance. Strickland, 466 U.S. at 694. If a reviewing

court concludes that a petitioner fails to establish either prong of the test, it need

-2- No. 83732-0-I/3

not inquire further. State v. Hendrickson, 129 Wn.2d 61, 78, 917 P.2d 563

(1996). Applying these legal principles here, we hold that Mr. Willis’s lawyer

acted reasonably and therefore deny relief on this basis.

1. Other suspect evidence. Mr. Willis argues that his trial counsel

provided ineffective assistance by failing to present Cornell Burr, who was

Detective Christiansen’s initial person of interest, as an “other suspect.” Contrary

to Mr. Willis’s argument, his trial counsel did argue and present evidence that Mr.

Burr was a person of interest. This included pretrial motions, opening statement,

cross-examination during trial, and closing argument. Viewing trial counsel’s

performance and alleged error in light of all the relevant circumstances, we hold

that Mr. Willis’s lawyer acted reasonably in this regard and we reject Mr. Willis’s

contrary argument.

2. Severance. Mr. Willis next argues that his trial counsel provided

ineffective assistance by failing to move to sever Mr. Willis’s case from the case

of his codefendant, Jonathan Key. This argument fails because we have already

concluded on direct review that the trial court did not abuse its discretion by

failing to grant severance and that Mr. Willis did not show that the trial court’s

failure to sever was prejudicial. State v. Willis, No. 79790-5-I, slip op. at *11

(Wash. Ct. App. Sept. 28, 2020) (unpublished),

https://www.courts.wa.gov/opinions/pdf/797905.pdf. We will not consider Mr.

Willis’s contrary arguments here.

3. Failure to Investigate alibi witness. Mr. Willis argues that trial counsel

provided ineffective assistance by failing to investigate an alibi witness who

-3- No. 83732-0-I/4

would have confirmed that Mr. Willis did not participate in the burglary. When

asked if he interviewed the alibi witness, Mr. Willis’s trial counsel said that he did

not have access to the case records and that the interview of the alibi witness

“would have occurred if the information was provided.” Because Mr. Willis has

not shown that his trial counsel failed to investigate the alibi witness, he has not

provided evidence to rebut the strong presumption that counsel provided

effective representation.

4. Failure to object to improper lay witness testimony. Mr. Willis argues

that trial counsel provided ineffective assistance by failing to object on two

occasions to improper lay witness testimony that purportedly identified Mr. Willis.

With regard to the first instance, trial counsel’s apparent strategy was to argue

that Mr. Willis’s presence at the Cash America pawn shop did not tie him to the

scene of the burglary. Thus, there were strategic reasons to refrain from

objecting to Detective Christiansen identifying Mr. Willis in the security footage.

In the second instance, Mr. Dykstra, the victim of the burglary, did not identify Mr.

Willis at all, but instead identified the ring in the pawn shop as the same one

stolen from his home. Because Mr. Dykstra did not offer an opinion as to the

identity of the defendant, as Mr. Willis claims, trial counsel had no reason to

object to the identification; therefore, he did not provide ineffective assistance of

counsel by not objecting.

5. Failure to object to the admission of irrelevant but substantially

prejudicial evidence. Mr. Willis argues that trial counsel provided ineffective

assistance by failing to object to the admission of irrelevant but substantially

-4- No. 83732-0-I/5

prejudicial evidence. Here too, Mr. Willis has not rebutted the strong

presumption that counsel provided effective representation. Contrary to Mr.

Willis’s argument that there was no strategic reason for his trial counsel to not

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Kimmelman v. Morrison
477 U.S. 365 (Supreme Court, 1986)
State v. Hendrickson
917 P.2d 563 (Washington Supreme Court, 1996)
In Re Davis
101 P.3d 1 (Washington Supreme Court, 2004)
In Re Grantham
227 P.3d 285 (Washington Supreme Court, 2010)
In Re Isadore
88 P.3d 390 (Washington Supreme Court, 2004)
State v. Gladden
66 P.3d 1095 (Court of Appeals of Washington, 2003)
In re Pers. Restraint of Monschke
482 P.3d 276 (Washington Supreme Court, 2021)
State v. Hendrickson
129 Wash. 2d 61 (Washington Supreme Court, 1996)
In re the Personal Restraint of Fleming
16 P.3d 610 (Washington Supreme Court, 2001)
In re the Personal Restraint of Isadore
151 Wash. 2d 294 (Washington Supreme Court, 2004)
In re the Personal Restraint of Davis
152 Wash. 2d 647 (Washington Supreme Court, 2004)
In re the Personal Restraint of Grantham
168 Wash. 2d 204 (Washington Supreme Court, 2010)
State v. Grier
171 Wash. 2d 17 (Washington Supreme Court, 2011)
In re the Personal Restraint of Crace
280 P.3d 1102 (Washington Supreme Court, 2012)
In re the Personal Restraint of Yates
296 P.3d 872 (Washington Supreme Court, 2013)
State v. Gladden
66 P.3d 1095 (Court of Appeals of Washington, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
Personal Restraint Petition Of Robert Lee Willis, Counsel Stack Legal Research, https://law.counselstack.com/opinion/personal-restraint-petition-of-robert-lee-willis-washctapp-2023.