Carino v. State

This appeal presents an issue regarding juror questioning during trial.1 It is whether the due process rights of Appellant, Gilbert Carino, were violated when the trial court notified Carino and the State of a question posed by a juror in the midst of the State’s case-in-chief inquiring as to the whereabouts of a certain witness and noting the juror’s belief that the jury needs to hear from that witness. Carino contends that this query allowed the juror to give aid and assistance to the State, prompted the State to subsequently pres*380ent that witness and his testimony to the jury, and deprived…