SC20495 - State v. Washington (“On appeal, the defendant claims that (1) the trial court
erred when it in admitted into evidence recordings of phone calls that the
defendant made while incarcerated, thereby permitting the state to use the
defendant’s postarrest silence against him, (2) the trial court erred when it
instructed the jury regarding adoptive admissions and combat by agreement,
respectively, (3) the prosecutor committed improprieties during certain
portions of his closing argument, and (4) the trial court erred in denying the
defendant’s motion for a new trial, in light of fact that the COVID-19 pandemic
impacted the jury’s deliberations. Although we conclude that the majority of
the defendant’s claims are without merit, we agree with his contention that the
trial court improperly instructed the jury on combat by agreement, as there was
insufficient evidence presented at trial to warrant the instruction. We
nevertheless conclude that the error was harmless and, accordingly, affirm the
judgment of conviction.”)