State v. Sanders

I cannot agree with the majority opinion on the issue of jury sequestration but under the facts of this case I do not reach a different result.

The effect of the court’s ruling in this case is to change the plain meaning of Minn.R.Crim.P. 26.03, subd. 5, greatly limiting the protection of the right to a fair trial this rule affords to criminal defendants. Rule 26.03 requires criminal juries to be sequestered while they deliberate unless the defendant consents to their separation.

In this state, it is a long-standing precedent that sequestration of jurors during deliberation is necessary to…