CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Exclusion of Persons from Court
.........Situations Where Persons Excludable
7 Cards On This Topic:
  • Given defendant's persistent and severely disruptive behavior during his criminal trial, it was not error to exclude him from the courtroom.
  • No error in letting court reporter read portions of transcripts to jurors in the jury room during guilt deliberations as no violation of D's rights to public trial, to be personally present, to counsel, and to the presence of trial judge.
  • As no prejudice under Watson if no prejudice under the more rigorous harmless error test for federal constit'l error, violation of PC §1043 and PC §977 by D's absence from courtroom was necessarily harmless.
  • No error in refusing to exclude investigating O, whom D accused of misconduct, from trial when not testifying as no indication the defense was/would be prejudiced by his continued investigation or presence at trial.
  • D not denied right to be present where record showed he was present, or was silent, and he could not show his presence bore a reasonable, substantial relation to his opportunity to defend against the charges.
  • Noncapital felony trial properly continued in D's absence after he voluntarily absented himself by escaping—voluntary absence includes time required to return him to court.
  • Exclusion of Ds’ family members at end of gang-related trial after reports they intimidated jurors and DA outside the courtroom was reasonable in the circumstances.