Is there any case law where a defendant who is charged with a felony must be personally present at trial?
MultiRegion, United States of America
The following excerpt is from Freeman v. United States, 227 F. 732 (2nd Cir. 1915):
In Hopt v. Utah, 110 U.S. 574, 4 Sup.Ct. 202, 28 L.Ed. 262 (1884), it was held that one indicted for felony must be personally present at the trial; it not being within his power or that of his counsel to waive his presence. But in that case the local Code of Criminal Procedure declared:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant bring a motion for a retrial for a charge of sexual assault at a second trial, even though the first trial has been declared a mistrial? ("New York", United States of America)
Does a defendant who overdoses on a drug during the course of his trial have waived his right to be present at trial? (MultiRegion, United States of America)
Can a state involuntarily administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges to render that defendant competent to stand trial? (MultiRegion, United States of America)
In what circumstances will a defendant be convicted of a charge of vehicular manslaughter after a trial where the prosecution submitted expert testimony that did not attend the trial? (MultiRegion, United States of America)
Does a defendant who fails to appear at trial have a right to be present at trial? ("New York", United States of America)
Can a defendant who originally pleaded guilty to a charge of perverting the course of justice by making false statements at trial be found guilty of the same charges at the same time? ("New York", United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
Can a criminal defendant change trial counsel during the course of the trial? (MultiRegion, United States of America)
