Raymond F. Riley v. George Deeds

DAVID R. THOMPSON, Circuit Judge:

During jury deliberations in appellant Raymond F. Riley’s state court trial for sexual assault and first-degree kidnapping, the jury asked the court to read back part of the trial testimony. The trial judge was not available to respond to the request. In his absence, and without any input from the judge, the jury was assembled in the courtroom with the defendant Riley, his lawyer, and the prosecuting attorney present. The judge’s law clerk presided. At the jury’s request, only the victim’s direct testimony was read. Thereafter, the jury returned its verdict,…