Does a capital defendant have to waive his right to be present at a trial where evidence is taken before the trier of fact?
California, United States of America
The following excerpt is from People v. Johnson, 241 Cal.Rptr.3d 782, 432 P.3d 536, 6 Cal.5th 541 (Cal. 2018):
2 Even so, a capital defendant may not waive the right to be present at certain proceedings, including those portions of a trial in which evidence is taken before the trier of fact. (People v. Jackson , supra , 13 Cal.4th at pp. 1210-1211, 56 Cal.Rptr.2d 49, 920 P.2d 1254.)
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