Judge communicates with jury

Was it prejudicial misconduct for judge to communicate with jury outside of open court?

Defendant argued that he was entitled to a new trial because the trail court judge communicated with the jury outside of open court without his consent or knowledge, and without making a contemporaneous record of the communication.  The Minnesota Court of Appeals concluded that the communications regarding the timeline for deliberation constituted housekeeping matters and did not implicate defendant’s due process right to be present.  Affirmed.

State v. Kasal, A18-0381, Ramsey County.

Criminal Defense Attorney Lynne Torgerson was not attorney of record for this case.

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