Judge’s Duty To Answer Juror Questions About The Instructions: Reciting Already Given Instructions Is Not Sufficient (6th Circuit)

It is not enough for the trial court to recite the instructions already given. United States v. Nunez, 889 F.2d 1564, 1568 (6th Cir. 1989). The district court has a duty "to clear up uncertainties that the jury brings to the court's attention." Id. (quoting United States v. Giacalone, 588 F.2d 1158, 1166 (6th Cir. 1978)).  In other words, the district court should “not merely reiterate the original instructions.” United States v. Robinson, (6th Cir. Ky., No. 08-5939, 2009). [Notice: This opinion is UNPUBLISHED.]