Does a defendant have a right to be personally present at a hearing?

California, United States of America


The following excerpt is from People v. Shumate, G056263 (Cal. App. 2020):

Under the Sixth Amendment's confrontation clause, a criminal "'defendant does not have a right to be personally present at a particular proceeding unless his appearance is necessary to prevent "interference with [his] opportunity for effective cross-examination." [Citation.]'" (People v. Cole, supra, at p. 1231.) "'Similarly, under the Fourteenth Amendment's due process clause, a criminal defendant does not have a right to be present at a particular proceeding unless he finds himself at a "stage . . . that is critical to [the] outcome" and "his presence would contribute to the fairness of the procedure."' [Citations]." (Ibid.)

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