CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Exclusion of Persons from Court
.........Persons Not Excludable
 17 Cards On This Topic:
  • Party to action cannot be excluded.
  • If a person other than a natural person is a party to action, an officer or employee designated by its attorney is entitled to be present.
  • The following persons may not be excluded from criminal prelim.
  • D’s Sixth Amendment right to a public trial was violated by the district court’s exclusion of his family members from the sentencing proceedings.
  • Trial court abused its discretion in dismissing Juror No. 5 for failing to deliberate, based on de minimus and insufficient evidence, compelling reversal of the judgment in its entirety.
  • No error to answer jury's question in D's absence where the jury was not present, the discussion involved a legal matter, and his presence would not have contributed to the fairness of the proceedings.
  • As D did not execute written waiver, his statutory right to be present was violated when, in his absence but in counsels' presence, court responded to question from jury; error harmless.
  • D's brief absence from introductory part of hearing on witness issue bore no reasonable and substantial relation to his full opportunity to defend, and no abuse of discretion in court's brief ex parte talk with alternate juror.
  • In camera hearings b/t co-D's counsel and judge did not violate D's right to be present where they did not bear directly on evidence at trial, conduct of defense, or outcome, nor show attempt to benefit co-D at D's expense.
  • Deputy DA could designate investigating officer to be present in court under EC 777 (c)—no error in refusing to exclude officer because he interviewed a witness.
  • Shorthand reporter may testify even though in court after exclusion order.
  • Trial ct. automatically reversed w/o analysis for prejudice or harmless error where it denied D's right to counsel during testimony of key prosecution witness.
  • No due process violation where court properly resumed trial after lunch break without waiting for defense counsel, who was on notice of time but late.
  • Reversible error to exclude Faretta D from courtroom during DA's exam of crucial witness.
  • Error to exclude designated officer in civil action brought by DA in name of People.
  • Attorney for party not excludable.
  • Party to action not excludable from courtroom during trial.


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