P. v. Williams CA1/2
Rare is the criminal case in which the defendant and the People agree the trial court committed error that requires reversal of a conviction. This is one. For an unexplained reason, during deliberations and over defense counsel’s objection, the trial court responded to a jury question with an instruction on a new theory of liability. The instruction was not only incomplete but also one the court had previously refused to give for lack of supporting evidence. To add insult to injury, the court then denied defense counsel’s request to address the jury on this new theory. Defendant Brianna Nikol Williams was found guilty as charged five minutes after the court gave the jury this new instruction. Reversal is required to protect defendant’s right to a fair trial.
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