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Weaver v. State

The trial judge did not violate the defendant's right to be present when she responded to a note indicating that one of the jurors wanted to speak with the court about possible juror misconduct, since the judge's response contained a correct statement of law that merely maintained the status quo until the defendant and the attorneys returned to the courtroom, and the judge informed the defendant and the attorneys about the substance of the communications when they returned to the courtroom.

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After a jury trial, Rodney Weaver was convicted of aggravated child molestation, aggravated sexual battery, and child molestation. He appeals, claiming that the trial court’s communication with the jury violated his right to be present during all stages of the proceedings and his right to counsel, that his trial counsel was ineffective, and that the trial court improperly expressed an opinion about the evidence. However, Weaver waived any objection to the right to be present, was not deprived of counsel at a critical stage, has failed to show that his trial counsel’s performance was both deficient and prejudicial, and has not shown that the trial court expressed an opinion about the evidence. Accordingly, we affirm.

1. Sufficiency of the evidence.

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