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Defense says judge’s private response to juror questions may have denied Smith opportunity to make a record
Summary
During oral argument in State v. Andrew John Smith, counsel disputed the district court’s handling of two juror questions—specifically that the judge instructed the bailiff to tell jurors he could not answer without first consulting counsel, then told counsel after the fact—raising plain‑error and right‑to‑presence issues on appeal.
At oral argument in State of Montana v. Andrew John Smith, appellate counsel urged the Montana Supreme Court to find reversible error in the district court’s handling of two juror questions during trial, arguing the court answered without first consulting the parties or placing the judge’s response on the record.
The dispute centers on two notes the jurors sent the judge during trial. Colin Stevens, representing Smith, told the justices the judge told the bailiff to tell jurors “he could not answer their questions” but did not place the judge’s response on…
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