Custody of jury during trial.
The jury sworn to try any felony may, at any time during the trial, and after the submission of the cause, in the discretion of the court, be permitted to separate, or they may be kept together, in the charge of a proper officer. Provided however, that in causes where the defendant has been charged with first-degree murder, and the prosecuting attorney has filed a notice of intent to seek the death penalty pursuant to section 18-4004A, Idaho Code, and such notice has not been withdrawn, the jury may not be permitted to separate after submission of the cause and completion of the special sentencing proceeding held pursuant to section 19-2515 or 19-2515A, Idaho Code. Before permitting the jury to separate after the cause has been submitted, the court shall permit counsel to place objections, if any, on the record outside the presence of the jury. In case the court orders the jury to be kept together the county must provide a suitable place for the board and lodging of the jury, at the expense of the county, and when first given custody of the jury the officer or bailiff must be sworn to keep the jury together during each recess and adjournment during the trial; to allow no person to speak to or communicate with them, or any of them, nor to do so himself, on any subject connected with the trial, and to return them into court as ordered by the court.
Notes of Decisions
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
· cites it 8× “22 I.C. § 19-2126. This “statutory requirement that the bailiff be sworn to keep the jury together in a murder trial was enacted to guarantee defendant a fair and impartial trial.”
State v. Timothy Alan Dunlap, 313 P.3d 1 (Idaho 2013).
· cites it 5× “” I.C. § 19-2126. Thus, under the plain language of the statute, jury sequestration is required only after the cause has been submitted.”
State v. Flint, 761 P.2d 1158 (Idaho 1988).
· cites it 8× “I.C. § 19-2126 provides in pertinent part: The jury sworn to try an indictment for any offense except murder may at any time during the trial before the submission of the cause in the discretion of the court be permitted to separate or they may be kept together in charge of a…”
State v. Stuart, 715 P.2d 833 (Idaho 1986).
· cites it 4× “I.C. § 19-2126 now leaves within the discretion of the trial court the decision on whether a jury should be sequestered.”
State v. Hall, 727 P.2d 1255 (Idaho Ct. App. 1986).
· cites it 2× “I.C. § 19-2126. Here, the judge decided against sequestration.”
State v. Clay, 731 P.2d 804 (Idaho Ct. App. 1987).
· cites it 2× “Idaho Code § 19-2126 provides, by negative inference, that jurors may not separate after the case has been submitted.”
State v. Bean, 706 P.2d 1342 (Idaho 1985).
· cites it 2× “He claims that the court abused its discretion under I.C. § 19-2126 which provides that the jury may be kept together, in the discretion of the court during the trial proceedings by failing to order such sequestration.”
State v. Timothy Alan Dunlap (Idaho 2013).
· cites it 5× “” I.C. § 19-2126. Thus, under the plain language of the statute, jury sequestration is required only after the cause has been submitted.”
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