context: There is a wealth of cases addressing jurors' use of dictionaries. Courts have almost uniformly found no prejudice to the defendant when the dictionary definition did not vary from the ordinary meaning of the words or from the meaning contained in the trial court's instructions.
citation_a.signal: see
citation_a.parenthetical: no prejudice where definitions of "keep" and "control" did not vary from usual ordinary meaning or from trial court's instructions
citation_a.sentence: See, e.g., State v. Messenger, 221 Mich.App. 171, 561 N.W.2d 463 (1997) (no prejudice where definition of “premeditation” was not substantively different from court’s instruction); State v. Melton, 102 N.M. 120, 692 P.2d 45 (Ct.App.1984) (no prejudice where definitions of “keep” and “control” did not vary from usual ordinary meaning or from trial court’s instructions); see also Allers v. Riley, 273 Mont. 1, 901 P.2d 600 (1995) (new trial warranted where dictionary definition of “proximate cause” did not contain foreseeability element contained in court’s instruction) (two justices dissented and would have upheld trial court’s denial of mistrial motion based on lack of prejudice).
citation_b.signal: see also
citation_b.parenthetical: new trial warranted where dictionary definition of "proximate cause" did not contain foreseeability element contained in court's instruction
citation_b.sentence: See, e.g., State v. Messenger, 221 Mich.App. 171, 561 N.W.2d 463 (1997) (no prejudice where definition of “premeditation” was not substantively different from court’s instruction); State v. Melton, 102 N.M. 120, 692 P.2d 45 (Ct.App.1984) (no prejudice where definitions of “keep” and “control” did not vary from usual ordinary meaning or from trial court’s instructions); see also Allers v. Riley, 273 Mont. 1, 901 P.2d 600 (1995) (new trial warranted where dictionary definition of “proximate cause” did not contain foreseeability element contained in court’s instruction) (two justices dissented and would have upheld trial court’s denial of mistrial motion based on lack of prejudice).