What rights does a criminal defendant have to be personally present at a trial?

California, United States of America


The following excerpt is from People v. Lopez, S073597 (Cal. 2013):

" '[A] criminal defendant has a right to be personally present at certain pretrial proceedings and at trial under various provisions of law, including the confrontation clause of the Sixth Amendment to the United States Constitution, the due process clause of the Fourteenth Amendment to the United States Constitution, section 15 of article I of the California Constitution, and sections 977 and 1043. [Citation.]' [Citation.] The right is not absolute, however. Under federal constitutional principles, a defendant is entitled to be present at a certain proceeding only if his or her appearance 'is necessary to prevent "interference with [his] opportunity for effective cross-examination" ' or if the proceeding represents a ' "stage . . . that is critical to [the] outcome" and "his presence would contribute to the fairness of the procedure." [Citation.]' [Citation.] Our state Constitution's right to personal presence is circumscribed in a similar manner, as are sections 977 and 1043, which codify that right. [Citations.]" (People v. Clark, supra, 52 Cal.4th at pp. 1003-1004, fn. omitted.)11 "This court has made it clear

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