What is the meaning of "in any court whatever" in article I, section 15 of the California Constitution, which gives a party accused the right to appear and defend in person and with counsel?

California, United States of America


The following excerpt is from People v. Scott, 64 Cal.App.4th 550, 75 Cal.Rptr.2d 315 (Cal. App. 1998):

Conspicuously absent from California Constitution, article I, section 15, is the language in article I, former section 13 which gave the party accused the right " 'in any court whatever, ... to appear and defend, in person and with counsel.' " (People v. Ashley, supra, 59 Cal.2d at p. 360, fn. 6, 29 Cal.Rptr. 16, 379 P.2d 496, italics added.) Thus, that crucial language is no longer extant. 11

Page 329

b. The post-Faretta decision of In re Walker.

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