State v. Smalls

(dissenting) — I would affirm both convictions. The trial judge properly allowed the jury to separate during deliberations pursuant to CrR 6.7 and neither defendant has shown any prejudice caused by such separation.

The majority opinion is devoted in great part to the history of jury separation. Such discussion, while educational, clouds the real issue in this case — which is, does CrR 6.7 exclusively deal with jury separation in a criminal trial?

CrR 6.7 provides:

The jury may be allowed to separate if the court finds that good reason exists to believe that such would not jeopardize a fair…