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Name: People v. Young
Case #: C077483
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/17/2017

Trial court abused its discretion by removing juror who was 15 minutes late without making a reasonable inquiry to determine whether the juror was able to perform the duties of a juror. Young was charged with sexual abuse of his two daughters and a neighbor. On the day the prosecution was set to begin the presentation of its case, Young's attorney, Barton, was sick and stand-in counsel appeared instead to request a continuance. After discussing scheduling outside the presence of the jury, the trial court explained the jury would be brought in and informed that there would be no…

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Name: People v. Concepcion
Case #: S146288
Court: CA Supreme Court
District CalSup
Opinion Date: 10/27/2008

For purposes of Penal Code section 1043, subdivision (b)(2), which allows a non-capital trial to continue in the defendant's absence, if he was present when trial started, but then voluntarily fails to appear, the period of voluntary absence spans the time of escape from custody through the time it reasonably takes to return him to court after apprehension. Appellant escaped from custody after the jury was sworn, but before opening statements were presented. Several hours later, police informed the court that appellant had been arrested, but that he could not be returned to court until the next morning.…

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Name: People v. Soukomlane
Case #: F052781
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/23/2008

The trial court has relatively narrow discretion in permitting shackling of a criminal defendant at trial and it is a violation of both federal and state due process to permit shackling without a showing of justification or need. The court granted appellant’s motion to represent himself and before jury selection, appellant made a motion requesting an order banning shackling. The motion was denied. Appellant continually raised the motion, adequately documenting how the shackles were apparent to the jury, disrupted his ability to represent himself, and were not justified by his behavior. The court on the record…

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Name: People v. Gutierrez
Case #: S102162
Court: CA Supreme Court
District CalSup
Opinion Date: 03/06/2003
Subsequent History: Rehrg. den. 5/14/03

In a noncapital case, a defendant who refused to leave a court-lockup facility to attend his trial is "voluntarily absent" as defined by Penal Code section 1043, subdivision (b)(2), so that an express waiver from the defendant is not…

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Name: People v. Kulas
Case #: 99-16029
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/25/2001
Subsequent History: None

In a civil rights action, the court did not err in excluding a prisoner-plaintiff who refused to follow the court's directives from the courtroom. This is a highly fact-specific…

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