Walker v. State

Notwithstanding that the supreme court’s decisions in Brooks v. State, 507 So.2d 606 (Fla.1987), and Taylor v. State, 498 So.2d 943 (Fla.1986), appear to mandate a per se reversal in the instant case, I must concur with Justice McDonald in his dissents in Brooks and Taylor and dissent.

As the supreme court pointed out in Taylor, the purpose of the sequestration rule is to protect a defendant’s constitutional right to a trial by an impartial jury. Taylor, 498 So.2d at 945.

In the instant case, there is not even the slightest hint that the defendant’s constitutional right was violated or that the…