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Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify

(1) Did the trial court err in ruling that defendant?s overdose on heroin during his jury trial was an implicit waiver of his right to be present and made him voluntarily absent within the meaning of Penal Code section 1043, subdivision (b)(2)? (2) Did the trial court err in denying the defense motion for a one-day continuance to permit defendant to testify? (People v. Ramirez (Mar. 5, 2020, F076126) [nonpub. opn.], review granted 6/17/2020 (S262010).)

Updated: 6/17/2020

Return to: California Supreme Court Pending Issues.

 

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