Is a defendant entitled to view the read-back of testimony during jury deliberations?
California, United States of America
The following excerpt is from People v. Bergo, C075230 (Cal. App. 2018):
The read-back of testimony during jury deliberations is not a part of trial and defendant is not constitutionally entitled to observe it. (People v. McCoy (2005) 133 Cal.App.4th 974, 981-983 [citing state and federal authority construing the right to be present at each "critical stage" of a criminal proceeding].) Defendant's claim lacks merit.
Defendant also contends his oral motion to change venue was unfairly denied.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the jury been instructed to interpret the meaning of deliberate deliberate deliberate use of the word "deliberately" in the dictionary? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (California, United States of America)
What is the test for a jury to convict a defendant of deliberate and deliberate murder? (California, United States of America)
Is a non-capitalized defendant entitled to the same procedural protections as a capital defendant? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
