"Section 894 provides that when the jury has a question after it has started deliberations, they must be conducted into open court to receive their response in the presence of the defendant and all counsel concerned. The record does not reflect that the jury was brought into the courtroom to receive the court's response."
How later courts described this case
- "Section 894 provides that when the jury has a question after it has started deliberations, they must be conducted into open court to receive their response in the presence of the defendant and all counsel concerned. The record does not reflect that the jury was brought into the courtroom to receive the court's response."
- approving OUJI-CR No. 440, the predecessor to OUJI-CR (2d) 4-80
- “Any error in the prosecutor’s inquiry in this case must be deemed invited error as Appellant initially raised the issue during his direct examination.”
Written by the judges who cited it.
The opinion
STRUBHAR, Vice Presiding Judge,
Concur in Results:
¶ 1 I concur in results by reason of stare decisis. I continue to believe that a trial court should provide a meaningful answer to questions from a jury when they ask about the meaning of life without parole.
¶ 2 In addition, although harmless, I believe it error to have given Instruction No. 11 which is not a uniform (OUJI-CR) instruction.