What is the standard of review applied to exclude a criminal defendant from trial?
California, United States of America
The following excerpt is from People v. Gutierrez, 130 Cal.Rptr.2d 917, 29 Cal.4th 1196, 63 P.3d 1000 (Cal. 2003):
"An appellate court applies the independent or de novo standard of review to a trial court's exclusion of a criminal defendant from trial, either in whole or in part, insofar as the trial court's decision entails a measurement of the facts against the law." (People v. Waidla (2000) 22 Cal.4th 690, 741, 94 Cal.Rptr.2d 396, 996 P.2d 46.)
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