re: Barron should SKIP his HS graduation & be in court with his pops in a sign of solidarity

Who’s alter is this “new poster”

I’m going with PedoHank

So, whose alt is this?

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Do you think if this judge was presiding over a Hillary Clinton / NDA case and Chelsea was getting married in May there wouldn't be something worked out by the defense and judge? The judge would have no latitude a month out?

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In that context, it is entirely possible (perhaps even probable) that the prosecutor in New York would decline to register an objection to the defendant’s request to be absent from court on that one day.

Read the procedural rule. Absent such an objection, the judge would obviously have that “latitude” and would probably grant the request.

If that assessment is accurate, does it indicate some level of bias in the DA? sure.

I’m still trying to get my mind around how a judge can force a defendant with adequate counsel into the court room.

In this day and age I didn’t think that was a thing anymore.

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I’m still trying to get my mind around how a judge can force a defendant with adequate counsel into the court room.

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One premise of the jury system (for centuries) is that the jury gets to assess the demeanor of a defendant as evidence is being presented.

If the defendant can skip trial, the jury is deprived of that opportunity.

SHOULD that be the rule? You are certainly free to argue that point, but it IS the rule.

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So why would the prosecutor in this case register an objection?

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Bias against or simple dislike for DJT, as I said in the post to which you replied.

The point is that, on the issue of a one-day absence from court, the villain is the DA, not the judge. The judge has no discretion under the applicable procedural rule.

Judge can delay the trial a day. Happens all the time.

That’s interesting because a couple of trials wherein I testified as an expert witness (great PT gov with awesome billable rates) the defendant was on Skype (or some other video call service) and not present every day even remotely.

That was in the US Southern District and I haven’t done it for a couple years.

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That’s interesting because a couple of trials wherein I testified as an expert witness (great PT gov with awesome billable rates) the defendant was on Skype (or some other video call service) and not present every day even remotely. That was in the US Southern District and I haven’t done it for a couple years.

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Was this a civil or criminal case? Was the defendant an individual or an organization/corporation?

Federal Rule of Criminal Procedure 43 is different from the NY Rule in a number of important ways

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(a) When Required. Unless this rule, Rule 5, or Rule 10 provides otherwise, the defendant must be present at: (1) the initial appearance, the initial arraignment, and the plea; (2) every trial stage, including jury impanelment and the return of the verdict; and (3) sentencing.

(b) When Not Required. A defendant need not be present under any of the following circumstances: (1) Organizational Defendant. The defendant is an organization represented by counsel who is present. (2) Misdemeanor Offense. The offense is punishable by fine or by imprisonment for not more than one year, or both, and with the defendant's written consent, the court permits arraignment, plea, trial, and sentencing to occur by video teleconferencing or in the defendant's absence. (3) Conference or Hearing on a Legal Question. The proceeding involves only a conference or hearing on a question of law. (4) Sentence Correction. The proceeding involves the correction or reduction of sentence under Rule 35 or 18 U.S.C. §3582 (c).

(c) Waiving Continued Presence. (1) In General. A defendant who was initially present at trial, or who had pleaded guilty or nolo contendere, waives the right to be present under the following circumstances: (A) when the defendant is voluntarily absent after the trial has begun, regardless of whether the court informed the defendant of an obligation to remain during trial; (B) in a noncapital case, when the defendant is voluntarily absent during sentencing; or (C) when the court warns the defendant that it will remove the defendant from the courtroom for disruptive behavior, but the defendant persists in conduct that justifies removal from the courtroom. (2) Waiver's Effect. If the defendant waives the right to be present, the trial may proceed to completion, including the verdict's return and sentencing, during the defendant's absence.

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Straight from the narcissist handbook to blame the judge because you’re on trial during your son’s graduation