State v. Barry

¶1 Robert Barry appeals his conviction on two counts of child molestation, claiming that the trial court’s instruction in response to a jury question violated his Fifth Amendment and Sixth Amendment rights under the United States Constitution. The jury asked the court whether it may consider “observations of the defendant’s actions-demeanor during the court case” as “evidence.” In response, the trial court instructed the jury that “[e]vidence includes what you witness in the courtroom.” All parties *301agree that the record contains no references whatsoever to Barry’s in-court demeanor, so we…