Does a defendant have a right to be personally present at a criminal proceeding?

California, United States of America


The following excerpt is from People v. Horton, B246679, B251537 (Cal. App. 2014):

shadow,' [citation], due process clearly requires that a defendant be allowed to be present 'to the extent that a fair and just hearing would be thwarted by his absence.' [Citation]." Thus, "a defendant is guaranteed the right to be present at any stage of the criminal proceeding that is critical to its outcome if his presence would contribute to the fairness of the procedure." (Kentucky v. Stincer, supra, 482 U.S. at p. 745.)

The state constitutional right to be personally present ""'is generally coextensive with the federal due process right. [Citations.]' [Citation.] Neither the state nor the federal Constitution, nor the statutory requirements of sections 977 and 1043, require the defendant's personal appearance at proceedings where his presence bears no reasonable, substantial relation to his opportunity to defend the charges against him.""' (People v. Blacksher, supra, 52 Cal.4th at p. 799.) "'Defendant has the burden of demonstrating that his absence prejudiced his case or denied him a fair trial."' (Ibid.; see Kentucky v. Stincer, supra, 482 U.S. at p. 747.)

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