Trial: Read-Back of Testimony

Wicklow v. State, ___ So. 3d  ___, 35 Fla. L. Weekly D1734 (Fla. 4th DCA 8/4/10)

Although the trial court in a criminal case did not abuse its discretion by denying a read-back of testimony based upon the jury’s ability to take notes, the trial court should have used Florida Standard Criminal Jury Instruction 4.4 and made “a more complete record by identifying all circumstances which affect the read-back decision.”