What is a defendant's right to be personally present at trial?

California, United States of America


The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):

For example, under the Sixth Amendment, a criminal defendant has the right to be personally present if his or her appearance is necessary to prevent interference with the defendant's opportunity for effective cross-examination. ( Kentucky v. Stincer (1987) 482 U.S. 730, 740, 744, fn. 17, 107 S.Ct. 2658, 96 L.Ed.2d 631; People v. Waidla (2000) 22 Cal.4th 690, 741, 94 Cal.Rptr.2d 396, 996 P.2d 46 ( Waidla ).) The right to be present arises under the Fourteenth Amendment if the defendant finds himself or herself at a stage ... that is critical to [the] outcome and the defendant's

[50 Cal.4th 682]

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