California, United States of America
The following excerpt is from People v. Cole, H046569 (Cal. App. 2021):
Defendant points out that in People v. McCoy (2005) 133 Cal.App.4th 974, the trial court gave instructions to the jury when granting a readback request, "admonish[ing] the jurors not to ask questions, not to discuss the case while the court reporters were in the jury room, andif the jurors felt something was missingto request an additional readback from the court reporters on the topics in the jury's note but otherwise to request an additional readback only from the court." (Id. at p. 981.) Defendant points out that the trial court here did not provide such admonishments to the jury, and he suggests "that the jury might have disagreed about the extent of the readback and consequently engaged in the equivalent of deliberations in the presence of the reporter, or that it might have speculated as to the reason for the defendant's absence from the proceeding."
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