California, United States of America
The following excerpt is from People v. Odle, 247 Cal.Rptr. 137, 45 Cal.3d 386, 754 P.2d 184 (Cal. 1988):
We do not question defendant's right to be present for all proceedings that take place in the courtroom. He cites no controlling authority, however, for his contention that it is improper for a court, with the consent of the accused and his counsel, to provide a transcript to the jury in lieu of rereading testimony in open court. 6 We are unpersuaded that such a practice encroaches in any way on "the fullness of [defendant's] opportunity to defend" his case. (Snyder v. Massachusetts (1934) 291 U.S. 97, 105-106, 54 S.Ct. 330, 332, 78 L.Ed. 674.) As such, defendant's waiver of his right to have requested testimony read back in his presence was entirely permissible.
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