Is a defendant's right to give substantive legal instructions to the jury ex parte implicates his right to be present at all trial proceedings?

California, United States of America


The following excerpt is from The People v. Phongboupha, A122830, No. 201419 (Cal. App. 2010):

Appellant also relies on People v. Hawthorne (1992) 4 Cal.4th 43, 69 for the proposition that giving substantive legal instructions ex parte implicates the defendant's right to be present at all trial proceedings. However, the actual holding in that case was that an ex parte instruction to the jury which simply stated that it should continue deliberating did not amount to a substantive instruction, and reversal therefore was not required. (Id. at pp. 67-71.)

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