Does a defendant have a right to be personally present at his trial?

California, United States of America


The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):

The defendant has a constitutional (Cal.Const., art. I, 15) and statutory ( 977, subd. (b), 1043, subd. (a)) right to be personally present at his trial. (See also United States v. Gagnon (1985) 470 U.S. 522, 526, 105 S.Ct. 1482, 1484, 84 L.Ed.2d 486, and cases cited [defendant has federal due process right to attend court proceedings if his presence has a reasonably substantial relation to his ability to defend himself].)

Other Questions


Can a defendant waive his right to be personally present at trial if he is not personally present? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
When will defendant prevail on his claim that he has a personal right to be personally present at a criminal trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial? (California, United States of America)
Does a defendant have a right to be personally present at trial? (California, United States of America)
What is a defendant's right to be personally present at trial? (California, United States of America)
When a defendant waives his right to be present at trial by refusing to leave the courtroom, does he have a right to remain in the courtroom? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (California, United States of America)
What rights does a criminal defendant have to be personally present at a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.