Does a criminal defendant have a Sixth Amendment right to be personally present at any stage of the trial?

California, United States of America


The following excerpt is from People v. Rodriguez, C079076 (Cal. App. 2016):

A criminal defendant has a Sixth Amendment right to be personally present at any stage of the proceedings where his or her presence is necessary to prevent interference with the opportunity for effective cross-examination. (People v. Waidla (2000) 22 Cal.4th 690, 741.) "[U]nder the Fourteenth Amendment's due process clause, a criminal defendant does not have a right to be personally present at a particular proceeding unless he finds himself at a 'stage . . . that is critical to [the] outcome' and 'his presence would contribute to the fairness of the procedure.' " (Id. at p. 742.) Article I, section 15, of the California Constitution guarantees a right to be present at those proceedings that bear a " ' " ' " 'reasonably substantial relation to the fullness of his opportunity to defend against the charge.' " ' " ' " (People v. Cole (2004) 33 Cal.4th 1158, 1231.)

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