Is it improper for a court, with the consent of the accused and his counsel, to provide a transcript to the jury in lieu of rereading testimony in open court?

California, United States of America


The following excerpt is from People v. Odle, 247 Cal.Rptr. 137, 45 Cal.3d 386, 754 P.2d 184 (Cal. 1988):

We do not question defendant's right to be present for all proceedings that take place in the courtroom. He cites no controlling authority, however, for his contention that it is improper for a court, with the consent of the accused and his counsel, to provide a transcript to the jury in lieu of rereading testimony in open court. 6 We are unpersuaded that such a practice encroaches in any way on "the fullness of [defendant's] opportunity to defend" his case. (Snyder v. Massachusetts (1934) 291 U.S. 97, 105-106, 54 S.Ct. 330, 332, 78 L.Ed. 674.) As such, defendant's waiver of his right to have requested testimony read back in his presence was entirely permissible.

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