People v. Jefferson

¶64 Today, the majority retreats from long-standing principles of appellate review to second-guess the trial court’s considered decision in favor of its own remote assessment. Even if I agreed that the trial court abused its discretion, because the majority predicates its decision to reverse Jefferson’s convictions on an ambiguous record about the jury’s access to the DVD, the proper remedy would be to remand to the trial court for clarification, not to reverse the jury’s verdict. However, I conclude that the trial court here adequately exercised its discretion in permitting the jury…