California, United States of America
The following excerpt is from People v. Onodera, B276273 (Cal. App. 2017):
We review the trial court's response to the deliberating jury's questions for abuse of discretion. (See People v. Waidla (2000) 22 Cal.4th 690, 745-746 ["[a]n appellate court applies the abuse of discretion standard of review to any decision by a trial court to instruct, or not to instruct, in its exercise of its supervision over a deliberating jury"]; People v. Beardslee, supra, 53 Cal.3d at p. 97.)
Onodera suggests that, by referring to the instructions already given, the court effectively "thr[e]w up its hands" and told the jury it could not assist it. (See People v. Beardslee, supra, 53 Cal.3d at p. 97 [when faced with a question from a deliberating jury on the law given to it, the court "must do more than figuratively throw up its hands and tell the jury it cannot help. It must at least consider how it can best aid the jury. It should decide as to each jury question whether further
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