Does the Attorney General have a claim that the trial court erred reversibly in failing to admonish the jury at each adjournment?
California, United States of America
The following excerpt is from People v. Carter, 135 Cal.Rptr.2d 553, 30 Cal.4th 1166, 70 P.3d 981 (Cal. 2003):
Defendant contends the trial court erred reversibly in failing to admonish the jury at each adjournment, pursuant to section 1122,9 not to converse among themselves,
[135 Cal.Rptr.2d 577]
or with anyone else, on any subject connected with the trial, or to form or express an opinion about the case until the cause was finally submitted to them. Indeed, defendant asserts the trial court never properly admonished the jury at any point during the trial. The Attorney General, however, cites three instances during the voir dire process in which the trial court admonished the jury venire along the lines of section 1122. The Attorney General also cites several instances in which the clerk's transcript refers to the jury's having been admonished although no corresponding language can be found in the reporter's transcript. Defendant relies on the principle that, where the clerk's and reporter's transcripts conflict, the latter controls when, under the circumstances, it is the more reliable (see People v. Smith (1983) 33 Cal.3d 596, 599, 189 Cal.Rptr. 862, 659 P.2d 1152; In re Moss (1985) 175 Cal.App.3d 913, 928, 221 Cal.Rptr. 645), while the Attorney General contends defendant has not met his burden of "developing the record by resorting to whatever methods of reconstruction might be available." We agree with defendant that nothing before us suggests a "lacuna" in need of "reconstruction" by settled statement or other means, as opposed to a simple failure to admonish, and that the trial court thus erred.[135 Cal.Rptr.2d 577]
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