Is a federal district court's failure to provide a defendant an opportunity to be heard before answering questions from the jury reviewed de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Fidel-Martinez, 113 F.3d 1243 (9th Cir. 1997):
The district court's failure to provide a defendant an opportunity to be heard before answering questions from the jury is reviewed de novo. See United States v. Throckmorton, 87 F.3d 1069, 1072 (9th Cir.1996), cert. denied, 117 S.Ct. 993 (1997). If a defendant timely objects, the government bears the burden of showing that it was harmless beyond a reasonable doubt. Id.
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