State v. McCarthy

¶1 Dennis McCarthy appeals his convictions and sentence for second degree assault and first degree assault against his girlfriend. McCarthy challenges the trial court’s decision to provide the jury with a tape measure and masking tape during deliberations without consulting him or his counsel, arguing that this conduct violated his right to a public trial, right to be present, and right to counsel. We hold that (1) McCarthy’s public trial right was not implicated because the trial court’s response to the jury request was not a proceeding historically open to the public, and (2) McCarthy’s…