United States v. Smith, No. 14-1355 (8th Cir. 2014)
Annotate this CaseDefendant appealed his conviction for bank robbery, arguing that the district court committed constitutional error by allowing the jury to view a replay of video exhibits outside the presence of defendant and without notifying defense counsel. The court concluded that, even if the district court abused its discretion by replaying the videos without notifying defendant and his counsel, the error was harmless beyond a reasonable doubt where the district court was present during the replay and the transcript shows no prejudicial dialogue. Further, the overwhelming evidence showed defendant committed the robbery and, although defendant was present, he did not object during trial when the videos were admitted into evidence and played to the jury. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Criminal law. Even if the district court abused its discretion by replaying videos for the jury during its deliberations without notifying the defendant and his counsel, the error was harmless beyond a reasonable doubt, as the judge was present during the replay and the transcript shows no prejudicial dialogue; further the evidence of defendant's guilt was overwhelming and he did not object when the videos were introduced into evidence.
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