CC 202 Erroneously Limits Jurors’ Ability To Request Readback Of Testimony
December 16th, 2020
CC 202 instructs the jurors as follows: If there is a disagreement about the testimony [and stipulations] at trial, you may ask that the (court reporter’s record be read to/court’s recording be played for) you. This language is too limited because jurors should have the ability to request readback of testimony even if […]
Tags: CC 104, CC 202, CC 222, Deliberations of Jury, Readback Issues, Sample Instructions
The Most Important “Non-Critical” Part of A Trial
October 31st, 2020
In its September 2020 revisions the CALCRIM committee modified CC 202 to provide as follows (added language is highlighted): If there is a disagreement about the testimony [and stipulations] at trial, you may ask that the (court reporter’s record be read to/court’s recording be played for) you. It is the record that must guide […]
Tags: CC 104, CC 202, Readback Issues