Jury, Due Process Denial of Transcript Request

Criminal Law Update

People v McDonald, __ Mich App __; __ NW2d __ (2011 WL 2694430, No. 301113, decided July 12, 2011)(july’11). McDonald argued that the trial court deprived him of due process, and violated MCR 6.414(J), when it asked the jury to rely on its collective memory instead of granting its request to review transcripts of certain testimony. In forming their opinion, the COA highlighted the fact that the trial court did not tell the jury that transcripts would not be available for weeks or months, or not at all. The COA held that, because the trial court did not foreclose the possibility of the jury obtaining transcripts in the future, it did not violate MCR 6.414(J).