California Court of Appeal

Defendant's conviction for first degree murder is affirmed, where: 1) the trial court erred by allowing the bailiff, without the presence of defendant, to conduct for the jury a demonstration of how the murder weapon operated and answer jury questions about that subject; but 2) that error was not prejudicial because defendant was present when the prosecution’s expert provided testimony that was consistent with the bailiff's communications with the jury; and 3) the failure of defendant's counsel to object to the colloquy between the bailiff and the jury forfeited any contention concerning that process.

Appellate Information

• Decided 11/26/2013
• Published 11/26/2013

Judges

• MOSK

Court

• California Court of Appeal

Counsel