State v. Smalls

Defendants in consolidated cases appeal a Court of Appeals decision affirming their convictions of burglary (Simcox) and murder (Smalls).

The dispositive issue before us is whether a. presumption of prejudice to a defendant arises when the trial court, pursuant to CrR 6.7, allows the jury to separate after deliberations have begun. We hold that CrR 6.7 does not authorize separation of the jury after deliberations begin and that *757RCW 4.44.300 creates a presumption of prejudice to the defendant if the jury is separated during deliberations. Accordingly, we reverse the conviction of Simcox.…