State v. Hart

In this case, we address a defendant’s right to be present at trial as it pertains to communications with a jury foreperson during the deliberation phase of a trial as well as a trial court’s declaration of a mistrial on the ground of manifest necessity. Kenneth Hart (“Hart”), the defendant, was present throughout the two-day trial. On the second day of trial, after closing arguments and the administration of jury instructions, jury deliberations began at 7 p.m. After approximately three and a half hours of deliberation, the trial court received a jury note. The judge informed the prosecutor…