Cunningham v. State

OPINION

Judge ALLARD.

Jace H. Cunningham was convicted of two counts of third-degree assault, four counts of fourth-degree assault, and other misdemean- or offenses based on ajeries of altercations with multiple police officers who had responded to reports that Cunningham was suicidal and in possession of a firearm. On appeal, Cunningham challenges his two third-degree assault convictions, 1 arguing that the judge committed reversible error when he communicated with the jury about their deliberations outside the presence of defense counsel.

For the reasons explained here, we conclude that the…