State v. Shaffona Morgan (069967)

In this case, a trial judge had two ex parte discussions with a jury, while it was deliberating, and allowed the jurors to take home written copies of part of the jury instructions. Settled ease law makes clear that ex parte communications with a jury are improper and must always be avoided. In addition, when a judge gives written instructions to a jury, the relevant court rule requires that the instructions be available for review in the jury room and nowhere else.

Both ex parte communications were recorded and transcribed. Despite the errors in this case, the record affirmatively shows that…