People v. Knighten

In People v. Knighten (1980) 105 Cal.App.3d 128, the trial court entered the jury room during deliberations ostensibly to clarify a request from the jury for rereading of certain testimony. (Id. at p. 132.) Before meeting with the jury, the trial judge failed to give notice to the defendant and defense counsel, who, along with the court reporter, were not present for the judge's meeting with the jury. (Ibid.) On appeal, the Knighten court held that the trial judge's procedure was in error, and noted any private communication between the judge and jury was improper. (Ibid.) The appellate court determined that a defendant and his attorney must be permitted to participate in decisions as to what testimony is to be reread to the jury. (Ibid.)