Jury Inquiries—District Court's Response

The decision to provide requested information to a jury is one of discretion.  Section 46-16-503(2), MCA.  Accordingly, we review such a decision for abuse of discretion.  State v. Greene, 2015 MT 1, ¶ 12, 378 Mont. 1, 340 P.3d 551.

If the judge is of the opinion the instructions already given are adequate, correctly state the law, and fully advise the jury on the procedures it is to follow in its deliberation, his refusal to answer a question already answered in the instruction is not error.  State v. Dunfee, 2005 MT 147, ¶ 23, 327 Mont. 335, 114 P.3d 217.