Baker v. State

1.1 must dissent to Divisions 2 and 3 of this opinion. With regard to Division 2, I cannot agree that the answers the trial court gave to the first two questions submitted by the jury during their deliberations constitute harmless error in this case. The first question posed by the jury was: “Are the medical records available?” It is obvious from the way that question is phrased that the jury assumed that there were medical records based on the testimony offered at trial by the State’s witnesses concerning the examination of the victim at a hospital after the alleged molestation. Although the…