Does a defendant have been denied a fair trial by allowing a witness support person to attend the trial?

California, United States of America


The following excerpt is from People v. Adams, 19 Cal.App.4th 412, 23 Cal.Rptr.2d 512 (Cal. App. 1993):

However, even if a witness violates an exclusion order by attendance at the trial, the violation does not mean that a defendant has been denied a fair trial. The violation also "does not render the witness incompetent to testify, and does not furnish grounds to refuse permission to testify, at least where the party who seeks to offer the testimony was not 'at fault' in causing the witness's violation of the exclusion order. [Citations.]" (People v. Redondo (1988) 203 Cal.App.3d 647, 654, 250 Cal.Rptr. 46.)

Similarly, this statute authorizing an exception from exclusion for witness-support persons during the prosecuting witness's testimony contains adequate safeguards for the prevention of collusive testimony. (People v. Redondo, supra, 203 Cal.App.3d at p. 654, 250 Cal.Rptr. 46.) Consequently, the provision of section 868.5 which allows a support person-witness to sit in the audience does not affect the presumption of innocence by bringing impermissible factors into play.

Other Questions


Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (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)
Is there any case law supporting a defendant's contention that the trial court abused its power by denying or denying a motion to amend the allegation? (California, United States of America)
What is the consequence of a defendant not objecting to the witness support person at trial? (California, United States of America)
Can a witness at trial deny or deny that a defendant supplied him with marijuana? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.