State v. Levy

Summary

The court affirmed Levy’s convictions, holding that two jury-instruction references were judicial comments on the evidence but caused no prejudice. It also held that the trial court improperly allowed a codefendant’s attorney to assert the codefendant’s Fifth Amendment privilege without requiring her personal assertion, but found the constitutional error harmless beyond a reasonable doubt. The court rejected Levy’s remaining claims concerning the appellate record, ineffective assistance, the identification bracelet, and consent to search.