In the recent Court of Appeals case, State v. Mason, the trial court erred by sending exhibits to the jury deliberation room over defense counsel’s objection. Although the State got lucky in that the error turned out not to be prejudicial, the decision signals that it’s a good time for a review of the relevant law. G.S. 15A-1233 sets out the procedure for dealing with the jury’s request to review testimony or evidence. Here’s how it’s supposed to work:
Jury Must Be Brought to Courtroom. If a deliberating jury requests a review of testimony or other evidence, the jurors must be conducted to the courtroom. G.S. 15A-1233(a). Both the jury’s request and the judge’s response must be made in open court. State v. Ashe, 314 N.C. 28, 32-36, 40 (1985); see also State v. McLaughlin, 320 N.C. 564, 568-70 (1987); State v. Nelson, 341 N.C. 695, 700 (1995).
Notice to Parties. The judge must notify the prosecution and the defendant of the jury’s request. G.S. 15A-1233(a). It is best practice for the trial judge to hear from both sides before responding to the request.
Exercise of Discretion. The judge must exercise his or her discretion when responding to the jury’s request. G.S. 15A-1233(a); Ashe, 314 N.C. at 35, 40. Examples of factors that the trial court might consider in the exercise of its discretion include:
- the significance of the evidence, State v. Lee, 128 N.C. App. 506, 509 (1998);
- a concern that the jury might give too much emphasis to the evidence that is reviewed and not properly consider the totality of the evidence, State v. McVay, 174 N.C. App. 335, 340-41 (2005), and
- the time, practicality, and difficulty involved with granting the request, State v. Perez, 135 N.C. App. 543, 555 (1999).
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration