Lowery v. State

I respectfully dissent as to Issue I. I concur as to all other issues. The majority claims the trial court erred in denying appellant’s Motion for Jury Sequestration. It is appellant’s contention our case law makes it mandatory upon the trial court to sequester the jury upon motion of the defendant in any case where the defendant faces the death penalty. In support appellant cites Cobb v. State, (1980) Ind., 412 N.E.2d 728. In that case, Justice Pivarnik stated: “Sequestration of the jury is mandatory only when the defendant faces the potential sentence of death.” Id., 412 N.E.2d at 732.

An…