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Home / Opinion Digests / Criminal Practice / Criminal Practice – Jury & Jurors – Judge’s Comments – Plain Error – Inapplicable (access required)

Criminal Practice – Jury & Jurors – Judge’s Comments – Plain Error – Inapplicable (access required)

State v. Ross. Defendant asks this court to review for plain error remarks the trial judge made to the jury upon the judge's receipt of notes indicating the jury was deadlocked. Aside from an Allen instruction - which defendant does not challenge - the judge's remarks were not "jury instructions" subject to plain-error review. We find no prejudicial error in defendant's convictions of delivery of a counterfeit controlled substance and having attained the status of habitual felon.

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