What is the test for a criminal defendant's right to be personally present at a criminal proceeding?
California, United States of America
The following excerpt is from People v. Hernandez, G050943, G052606, G053574 (Cal. App. 2017):
court, execute in open court, a written waiver of his or her right to be personally present." ( 977, subd. (b)(1), italics added.) A criminal defendant's right to be present at a particular proceeding "depends on two conditions: (1) the proceeding is critical to the outcome of the case, and (2) the defendant's presence would contribute to the fairness of the proceeding." (People v. Perry (2006) 38 Cal.4th 302, 312.)
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