Can a defendant be removed from the courtroom during trial?

California, United States of America


The following excerpt is from People v. Gereau, B268563 (Cal. App. 2017):

including the confrontation clause of the Sixth Amendment to the United States Constitution, as applied to the states through the due process clause of the Fourteenth Amendment; the due process clause of the Fourteenth Amendment itself; section 15 of article I of the California Constitution; and sections 977 and 1043 of the Penal Code.' [Citation.] But a defendant may be removed from the courtroom during trial in '[a]ny case in which the defendant, after he has been warned by the judge that he will be removed if he continues his disruptive behavior, nevertheless insists on conducting himself in a manner so disorderly, disruptive, and disrespectful of the court that the trial cannot be carried on with him in the courtroom.' [Citations.]" (People v. Mayham, supra, 212 Cal.App.4th at p. 850.)

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