The following excerpt is from Lopes v. Martel, No. CIV S-09-1359-KJM-TJB (E.D. Cal. 2011):
However, two other circuit courts of appeals concluded a defendant has a due process right to be present in court when the verdict is rendered. (United States v. Canady (2d Cir. 1997) 126 F.3d 352, 361-362 (Canady); Larson v. Tansy (10th Cir. 1990) 911 F.2d 392, 395-396.) The Canady court explained the right exists because "the defendant's mere presence exerts a 'psychological influence upon the jury.' [Citations.] This is because the jury in deliberating towards a decision knows that it must tell the defendant directly of its decision in the solemnity of the courtroom." (Canady, supra, 126 F.3d at pp. 361-362.)
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