State v. Cooper
Annotate this CaseAfter a jury trial, Defendant was convicted of aggravated battery. The Supreme Court affirmed, holding (1) any error by the district court in answering a jury question with a written response in violation of Defendant’s right to be present at all critical stages of his trial was harmless; (2) Defendant failed to preserve for appellate review his argument that the submission of a written answer to the jury question violated his right to an impartial judge and public trial; and (3) the district court did not commit clear error in failing to give a jury instruction on a lesser included severity level for the crime of aggravated battery.
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