Is there any case law where a jury was asked to consider whether there was a factual determination to be made by the trial court on whether to reread testimony?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nolan, 700 F.2d 479 (9th Cir. 1983):
Nolan contends that the trial court abused its discretion by answering that there was a factual determination to make. A trial court is given great latitude in deciding whether to reread testimony requested by the jury. In general, rereading is disfavored because of the emphasis it places on specific testimony and the delay it causes in the trial. United States v. De Palma, 414 F.2d 394, 396 (9th Cir.1969), cert. denied, 396 U.S. 1046, 90 S.Ct. 697, 24 L.Ed.2d 690 (1970).
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