State v. Martin

I respectfully dissent from the majority’s conclusion that Lennell Martin waived *627his right to be present for some jury communications, and its affirmance of Martin’s conviction. I would hold that the facts and law do not support a determination that Martin knowingly, intelligently, and voluntarily relinquished his right to be present, and that the failure of the trial court to make a record of communications with the deliberating jury should result in reversal and remand for a new trial.

The Sixth Amendment Confrontation Clause and the Due Process Clause of the Fourteenth Amendment provide the…