Does a defendant have a right to be personally present in chambers or at bench discussions that occur outside of the jury's presence?

California, United States of America


The following excerpt is from People v. Martin, E055424 (Cal. App. 2014):

"Under section 15 of article I of the California Constitution, a criminal defendant does not have a right to be personally present 'either in chambers or at bench discussions that occur outside of the jury's presence on questions of law or other matters as to which [his] presence does not bear a "'"reasonably substantial relation to the fullness of his opportunity to defend against the charge."'"'" (People v. Waidla, supra, 22 Cal.4th at p. 742.) For example, the rereading of testimony or discussion of a jury note is not a critical stage of the proceedings (People v. Ayala (2000) 23 Cal.4th 225, 288), because the reading back of testimony ordinarily is not an event that bears a substantial relation to

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