Can a defendant request a rereading of portions of a witness's testimony?

California, United States of America


The following excerpt is from People v. Cox, 135 Cal.Rptr.2d 272, 30 Cal.4th 916, 70 P.3d 277 (Cal. 2003):

The suggestion by defendant that the trial court's decision not to permit the reading of portions of the testimony of a witness amounted to "jury coercion" is without merit. The trial court made it clear, prior to trial, that rereading a portion of a witness's testimony was not permitted because testimony could then be taken out of context. This decision was well within the sound discretion of the court. We recently rejected this very argument in People v. Hillhouse (2002) 27 Cal.4th 469, 506-507, 117 Cal.Rptr.2d 45, 40 P.3d 754: "[Defendant argues the court erred in advising the jury it would hear the entire testimony of any given witness. This portion of the instruction did not violate section 1138 [of the Penal Code]. That statute mandates the readback of testimony at jury request, but it does not forbid giving the jury more than it requests so it also receives the context.

[70 P.3d 311]

Defendant speculates the jury may have wanted a rereading of some part of [the witness's] testimony but chose not to request it because the entire testimony was lengthy.... But in any event, the court made clear it would provide any requested rereading of material testimony. Merely informing the jury of the time it may take for rehearing testimony is not impermissible jury coercion. [Citation.]"

[70 P.3d 311]

Other Questions


Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Does a defendant have to meet with a juror to determine whether a defendant has made a sufficient showing of misconduct on a request to disclose juror information? (California, United States of America)
Can a jury foreman be found guilty of misconduct for refusing to accept a juror's request for a rereading of certain testimony? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony? (California, United States of America)
Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.