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. Waidla, 22 Cal.4th 690, 94 Cal.Rptr.2d 396, 996 P.2d 46 (Cal. 2000):
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. (See People v. Bradford (1997) 15 Cal.4th 1229, 1355-1358, 65 Cal.Rptr.2d 145, 939 P.2d 259 [semble].)
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