What is the standard of review for a motion where a defendant is absent from a trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. James, 139 F.3d 709 (9th Cir. 1998):
When considering a defendant's absence from a trial court proceeding, this court must determine "if there is no reasonable possibility that prejudice resulted from the absence." United States v. Kupau, 781 F.2d 740, 743 (9th Cir.1986). If proceeding in the defendant's absence violated the defendant's constitutional rights, the standard of review is harmless beyond a reasonable doubt.
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