Does a defendant have a right to be personally present at a proceeding?
California, United States of America
The following excerpt is from People v. Cole, 17 Cal.Rptr.3d 532, 33 Cal.4th 1158, 95 P.3d 811 (Cal. 2004):
"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.'" (People v. Waidla, supra, 22 Cal.4th 690, 741, 94 Cal.Rptr.2d 396, 996 P.2d 46.)
"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.'" (People v. Waidla, supra, 22 Cal.4th 690, 742, 94 Cal.Rptr.2d 396, 996 P.2d 46; see also United States v. Gagnon (1985) 470 U.S. 522, 526, 105 S.Ct. 1482, 84 L.Ed.2d 486.)
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