Presence of Defendant

Name: People v. Young
Case #: C077483
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/17/2017
  • Categories: Areas Constitutional Law, In Limine Motions, Ineff. Assist. Counsel (IAC), Misc, Other, Presence of Defendant, Right to Counsel

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…

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Name: People v. Concepcion
Case #: S146288
Court: CA Supreme Court
District CalSup
Opinion Date: 10/27/2008
  • Categories: In Limine Motions, Presence of Defendant

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…

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Name: People v. Soukomlane
Case #: F052781
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/23/2008
  • Categories: Courtroom Security/Garb, In Limine Motions, Misc, Presence of Defendant, Right to Counsel

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…

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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
  • Categories: In Limine Motions, Presence of Defendant

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 necessary.

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