California Court of Appeal

Permitting the jury to return to the crime scene during deliberations while barring defendant's presence and that of his counsel did not violate his federal and state constitutional rights. A subsequent viewing does not necessarily involve a taking of evidence; the view is no different in kind or quality from a jury view of an item of physical evidence in the jury room; a second site visit does not have the same impact as the first.

Appellate Information

• Decided 03/02/2004
• Published 03/02/2004

Judges

• REARDON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Riordan & Horgan, Dennis P. Riordan, Donald M. Horgan, San Francisco, Dylan L. Schaffer, Counsel for appellant.


• For Appellees:
  
• Bill Lockyer Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, John H. Deist, Deputy Attorney General, Counsel for respondent.