California, United States of America
The following excerpt is from People v. Thompson, 1 Cal.5th 1043, 210 Cal.Rptr.3d 667, 384 P.3d 693 (Cal. 2016):
" 'Under the Sixth Amendment, a defendant has the right to be personally present at any proceeding in which his appearance is necessary to prevent "interference with [his] opportunity for effective cross-examination." [Citations.] Due process guarantees the right to be present at any "stage ... that is critical to [the] outcome" and where the defendant's "presence would contribute to the fairness of the procedure." ' [Citation.] The state constitutional right to be present at trial, which is guaranteed by article I of the California Constitution, ' "is generally coextensive with the federal due process right." ' " (People v. Cunningham (2015) 61 Cal.4th 609, 633, 189 Cal.Rptr.3d 737, 352 P.3d 318.) Defendant contends that her right to due process and a fair trial required the trial court to have given her notice and an opportunity to be heard on
[210 Cal.Rptr.3d 717]
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