Shank v. State
Annotate this CaseDefendant appealed his 1996 convictions for malice murder and other crimes in connection with the bludgeoning death of the victim. The court held that the trial court did not plainly err in considering the jury's request for recharge to have been tacitly withdrawn; the trial court did not err in allowing the jury to rehear portions of the trial testimony during deliberations where the trial court's instruction adequately addressed defendant's concerns; the trial court did not err in denying defendant's motion for a mistrial based on improper juror contact and in denying his new trial motion raising the same claim where that court found that the exchange was momentary and had no effect on the verdict; and defendant's ineffective of assistance of counsel claimed failed. Accordingly, the court affirmed the judgment.
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