Q: What happens when a judge addresses the jury outside the presence of counsel or defendant?
The judge addressed the jury during deliberations in a death penalty case without the defendant or his attorney being present. No notes were made in the trial transcripts of the judge ever talking to the jury members. A jury member stated afterwards that her mind had been made up after the judge came in to speak to the jury about the death penalty. Is this a cause for the death sentence imposed to be overturned?
A: Yes. If the judge had a conversation with the jury off the record without defense counsel present, an appeal should be filed.
A: Not enough information. Contact the appellate attorney on the case.
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