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PG IX(A) Supplemental Jury Instructions: Right to Counsel.
[RESEARCH NOTE: See FORECITE BIBLIO 17.40]
Reinstruction of the jury after deliberations have begun is a “critical stage of the proceedings” at which the defendant is entitled to the right to counsel and it is error to reinstruct the jury without giving notice to the defendant’s attorney. (People v. Rubalcava (88) 200 CA3d 295, 299-300 [246 CR 75]; People v. Dagnino (78) 80 CA3d 981, 986-88 [146 CR 129].)
“Any private communication between judge and jury is improper. [Citations.]” (People v. Thompson (90) 50 C3d 134, 173 [266 CR 309]; see also Gonzalez v. Commission on Judicial Performance (83) 33 C3d 359 at 375 [188 CR 880].) “It is well settled that the trial court should not entertain communications … with individual jurors except in open court, with prior notification to counsel. [Citation.] This rule is based on the precept that a defendant should be afforded an adequate opportunity to evaluate the propriety of a proposed judicial response in order to pose an objection or suggest a different reply more favorable to the defendant’s case. [Citations.]” (People v. Jennings (91) 53 C3d 334, 385 [279 CR 780]; People v. Wright (90) 52 C3d 367, 402 [276 CR 731]; Edlin v. State (Miss. 1988) 523 So.2d 42; People v. Dagnino (78) 80 CA3d 981 [146 CR 129]; People v. Lozano (87) 192 CA3d 618 [237 CR 612].)
