Appraicio v. State

Trial judges walk a fine line when answering questions posed by jurors during the course of their deliberations. Any answer given must accurately state the law and be responsive to jurors’ questions without invading the province of the jury to decide the case. We are asked here whether the trial court acted within its discretion in responding to a jury question concerning evidence that was not presented at trial.

*45A jury sitting in the Circuit Court for Montgomery County convicted Petitioner Jorge Aparicio1 of second-degree assault on October 5, 2010, in connection with an attack on his…