STATE v. MONROE

No. 46044-7-I.

27 P.3d 1249 (2001)

STATE of Washington, Respondent, v. Antonial Marquett MONROE, Appellant.

Court of Appeals of Washington, Division 1.

July 30, 2001.


Attorney(s) appearing for the Case

Eric Nielsen, Nielsen Browman & Assoc., PLLC, Seattle, for appellant.

Constance Crawley, Everett, WA, for respondent.


GROSSE, J.

A trial court has discretion to permit a jury to review witness testimony during its deliberations. However, that discretion is circumscribed by the concern that such a review does not unduly emphasize any portion of the testimony. Thus, in exercising discretion, the trial court must take into account the danger of undue emphasis and adopt safeguards appropriate to the particular facts and circumstances of the case. That did not occur here. Therefore, we...

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