Carpenter v. State

OPINION

Judge ALLARD.

Sean Allen Carpenter was charged with fourth-degree assault for allegedly hitting his elderly mother. Five hours into the jury deliberations on this charge, the jury sent a note to the judge indicating that they were hung. The trial judge did not notify the parties of this note. Instead, on his own initiative, the trial judge engaged in a series of ex parte communications with the jury, ultimately informing them that they could return after the weekend to continue their deliberations, or they could" continue to deliberate that night if they believed that they would be able…