When will the court abuse its power to question the jury in a civil case?

California, United States of America


The following excerpt is from People v. Allen, 2d Crim. No. B270724 (Cal. App. 2017):

Allen contends the court abused its discretion because it did not sufficiently respond to the two jury questions during their deliberations. ( 1138.) He forfeited this claim when he did not object at trial. (People v. Roldan (2005) 35 Cal.4th 646, 729 [when a trial court decides to respond to a jury question,

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counsel's silence forfeits any objection under section 1138], overruled on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421.) And counsel did not render ineffective assistance by failing to object, because the court's responses complied with section 1138.

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