What is the standard of review under section 977 and 1043 of the California Constitution to exclude a defendant from the pretrial and trial?

California, United States of America


The following excerpt is from People v. Escarcega, B235280 (Cal. App. 2012):

defendant must show that any violation of this right resulted in prejudice or violated the defendant's right to a fair and impartial trial. [Citation.]" [Citations].' The same analysis applies under article I, section 15 of the California Constitution. [Citations.] 'The standard under sections 977 and 1043 is similar. "'[T]he accused is not entitled to be personally present during proceedings which bear no reasonable, substantial relation to his opportunity to defend the charges against him . . . . [Citation.]' [Citation.]" [Citations.]' [Citation.]" (People v. Virgil (2011) 51 Cal.4th 1210, 1234-1235.)

"'On appeal, we apply the independent or de novo standard of review to a trial court's exclusion of a criminal defendant from pretrial and trial proceedings, either in whole or in part, "insofar as the trial court's decision entails a measurement of the facts against the law." [Citation.]' [Citation.]." (People v. Virgil, supra, 51 Cal.4th at p. 1235.)

Other Questions


Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
What is the standard of review applied to exclude a criminal defendant from pretrial and trial proceedings? (California, United States of America)
What is the effect of section 352 of the California Criminal Code on a defendant's argument that he was deprived of his constitutional right to a fair trial? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
What is the standard of review applied to exclude a criminal defendant from trial? (California, United States of America)
What is the standard of review applied to exclude a criminal defendant from trial? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.