The following excerpt is from Woodward v. Diaz, No. 2:12-cv-2168 JAM DAD P (E.D. Cal. 2013):
during criminal proceedings in not absolute, however: "[A] defendant is guaranteed the right to be present" at a particular stage of a criminal proceeding only if that stage "is critical to its outcome," and "his presence would contribute to the fairness of the procedure." Id. Thus, a defendant's presence is not constitutionally required "when [his] presence would be useless, or the benefit but a shadow." Snyder, 291 U.S. at 106-07 (collecting cases). See also United States v. Gagnon, 470 U.S. 522, 526-27 (1985) (identifying the key inquiry as whether the defendant's absence impaired his ability to defend himself against the charges).
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.