IVORY v. STATE

No. 49615.

351 So.2d 26 (1977)

Donnie Lee IVORY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied October 20, 1977.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Thomas G. Murray, Asst. Public Defender, for petitioner.

Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for respondent.


HATCHETT, Justice.

This cause is before us to determine whether a defendant in a criminal case is denied a fair trial and due process of law when the trial judge responds to a request from the jury, during the period of its deliberations, without affording the prosecutor, the defendant, or defendant's counsel an opportunity to be present and object or request alternative courses of action. In the exercise of our jurisdiction,* we answer...

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