What is the test for determining whether a defendant's rights will be adversely affected by his absence from a proceeding?
California, United States of America
The following excerpt is from The People v. Burr, No. 5-070393-4, No. A123229 (Cal. App. 2010):
nature of the inquiry as to whether a defendant's rights will be adversely affected by his absence from a particular proceeding"]). In the instant case, defense counsel was given the opportunity to review the requested trial testimony and agreed to the content of the readback. The reading of the approved testimony involved no unusual circumstance that required his presence. (See People v. Ayala, supra, 23 Cal.4th at p. 288.)
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