State v. Perovich

AMUNDSON, Justice

(concurring specially).

[¶ 44.] I concur on issues ,1, 2, 4, 5 and 6.

[¶ 45.] I concur in the result on issue 3 and state that a record should have been made of the jurors regarding the impact of the witness’ conduct on their ability to be fair and impartial. This would have made for more meaningful review of this issue. Also, it would have been better practice for the trial court to instruct the jury to disregard its observations of the witness’ pre-testimony conduct in its deliberations.