Lewis v. State
Annotate this CaseDefendant was charged with nineteen counts in a final re-indictment related to charges of attempted murder, reckless endangering, firearm charges related to attempted murder charges, aggravated menacing by a firearm, aggravated intimidation of a witness, criminal solicitation, disregarding a police officer, resisting arrest, and reckless driving. At issue was whether the trial judge abused his discretion when he decided that a single complaint by the jury during trial, that some members had difficulty hearing one videotaped section 3507 statement, justified departure from the general default rule that such statements did not go into the jury during deliberations. The court held that the jury certainly should not be permitted to "work through" the recorded section 3507 statement during their deliberations until it was understandable and the undue emphasis placed upon the section 3507 evidence by its unwarranted admission into the jury's deliberative process was not harmless beyond a reasonable doubt. Therefore, the court reversed the judgment and remanded for a new trial.
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