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Fourth District: Bailiffs and Jury Questions

By Matt Conigliaro, Esq.

If deliberating jurors ask the trial judge a substantive question and the judge directs a bailiff to communicate the answer ex parte, does that constitute reversible error? Yes, and per se reversible error at that. But does it constitute fundamental error, if no one objects? No, said the Fourth District in this case. The court discussed the distinction between per se reversible error and

Full post as published by Abstract Appeal on July 17, 2008 (boomark / email).