Ramage v. State, 314 Ga. App. 651

Ramage was convicted in Baldwin County for aggravated child molestation, child molestation, incest, and cruelty to children.
Ramage contends trial deprived him of the right to be present during private jury meetings held by the judge during deliberations.
The court denied the motion for new trial, applying a standard allowing waiver by counsel without addressing Ramage's presence.
The trial judge privately met with the jury on multiple occasions; the transcript is silent on Ramage's presence.
Ramage's lawyer consented to some of these private meetings; Ramage alleges he never consented or was aware.
The appellate court vacates the denial of the motion for new trial and remands to establish facts and apply the correct waiver standard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of right to be present at private jury meetings.	Ramage's presence cannot be waived by counsel without his express authority or acquiescence.	Counsel's consent on Ramage's behalf sufficiently waives the right.	Remand for factual findings and correct waiver standard.
Whether Ramage was present when counsel consented and whether he acquiesced.	Record insufficient to show Ramage's presence or acquiescence.	Counsel's regular involvement implies awareness and consent by Ramage.	Remand to determine presence and acquiescence.

Peterson v. State, 284 Ga. 275 (Ga. 2008) (right to be present; presumption of prejudice for state constitutional right at trial)
Hanifa v. State, 269 Ga. 797 (Ga. 1998) (jury communications; prohibition on judge-jury contact absent accused)
Locklin v. State, 228 Ga. App. 696 (Ga. App. 1997) (right to be present for jury charges and colloquy with jury)
Stewart v. State, 210 Ga. App. 474 (Ga. App. 1993) (waiver of presence by counsel requires own presence/authority)
Rosser v. State, 312 Ga. App. 240 (Ga. App. 2011) (remand when factual record incomplete for waiver analysis)