Is a defendant required to attend an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from U.S. v. Binning, 867 F.2d 613 (9th Cir. 1988):
As to appellant's contention that his physical absence from the evidentiary hearing was unfair, a defendant's presence is not required at a section 2255 evidentiary hearing. United States v. Villarreal, 508 F.2d 1132, 1133-34 (9th Cir.1974).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Is a defendant required to sign an evidentiary hearing on the issue of probable cause to arrest? (MultiRegion, United States of America)
What is the test for determining whether a hearing is required under a statute which does not require a hearing? ("New York", United States of America)
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
Is a defendant required to be present at a hearing? (MultiRegion, United States of America)
What is the test for denying an evidentiary hearing for the purpose of determining whether a defendant has a valid claim against him? (MultiRegion, United States of America)
Does a violation of Rule 41 require an evidentiary hearing? (MultiRegion, United States of America)
What is required for an evidentiary hearing in a motion for personal injury relief? (MultiRegion, United States of America)
Is a defendant entitled to replead at a post-conviction evidentiary hearing? (MultiRegion, United States of America)
Is a defendant entitled to an evidentiary hearing on the failure of defense witnesses to give testimony? (MultiRegion, United States of America)
