Supreme Court of Alabama

Ex Parte State of Alabama (in Re: Geranda Marcine Harris v. State of Alabama)

December 16, 2016235 So. 3d 258

Summary

The court held that the trial court did not improperly reopen the case when, during deliberations, it allowed the jury to look again at the defendant because defense counsel had specifically presented the defendant's appearance to the jury before deliberations began. The requested observation therefore did not constitute new evidence, and the intermediate appellate court's contrary application of the governing rule was erroneous. The court reversed and remanded for further proceedings.