did not provide any advance notice of the juror’s inquiry to the parties? 3. Did the trial court err by unfairly terminating the cross-examination of Ms. Gould on points central to the defense theory of the case? 4. Did the trial court err by not granting Mr. Gupta’s motion to suppress statements made during his custodial interrogation? 2 . In one other instance, defense counsel noticed that a juror had struggled to stay awake, and agreed to have the judge's law clerk ask if the jury needed a break and to tell them to speak up if they felt themselves getting drowsy. By noting the absence of objection here and later, we do not mean to suggest that this issue has been waived — it hasn’t been, and the State conceded as much at oral argument. See Stewart, 334 Md. at 226-27, 638 A.2d 754 (<HOLDING>). Instead, as we will explain, it bears on our
holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence holding that the remmer presumption did not apply where the communication was innocuous and the defendant had failed to present evidence that the communication was prejudicial holding that the constitutional right to be present is satisfied so long as the defendant is given an opportunity to register his opinions with counsel after juror questioning and is present when the exercise of strikes is given formal effect even if the defendant is not present when his lawyer actually exercises the peremptory challenges holding that a defendant did not waive his right to be present at an ex parte encounter between the judge and juror because he was not present at the time of the communication and therefore had no opportunity to object when the error was committed holding that the failure by a criminal defendant to invoke his right to be present  at a conference which he knows is taking place between the judge and a juror in chambers constitutes a valid waiver of that right