What is the standard of review applied to exclude a criminal defendant from pretrial and trial proceedings?
California, United States of America
The following excerpt is from People v. Cole, 17 Cal.Rptr.3d 532, 33 Cal.4th 1158, 95 P.3d 811 (Cal. 2004):
On appeal, we apply the independent or de novo standard of review to a trial court's exclusion of a criminal defendant from pretrial and trial proceedings, 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, supra, 22 Cal.4th 690, 741, 94 Cal.Rptr.2d 396, 996 P.2d 46.)
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