Commonwealth v. Dykens

The defendant was convicted by a jury of murder in the first degree on the theories of deliberate premeditation and extreme atrocity or cruelty.1 He was also convicted of kidnapping and attempted aggravated rape (aggravated by kidnapping, serious bodily injury, and joint venture). On appeal, he claims that the trial judge erred by permitting the jurors to take notes during only a portion of the jury charge, by failing to give the jury proper cautionary instructions as to the use of the notes, and by closing the court room during the charge to the jury. The defendant also claims that his trial…