What is the test for the right to a jury trial?
California, United States of America
The following excerpt is from In re Jones, C087866 (Cal. App. 2019):
The right to a jury trial is not a mere formality. "It may well be there was strong evidence in the People's favor, but it was the government's burden to prove [the defendant] was [a sexually violent predator] and [the defendant] had a right to present evidence showing he did not pose a risk to the public." (People v. Superior Court
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Other Questions
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)
If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
How has the trial court treated the waiver of a defendant's right to stand trial by jury? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
When a defendant waives his right to be present at trial by refusing to leave the courtroom, does he have a right to remain in the courtroom? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does a defendant have a right to a separate penalty trial in lieu of a jury trial? (California, United States of America)
