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e. Defendant’s presence

Review of a published court of appeals decision; case activity (including briefs) Issue: Whether a defendant may, by voluntary absence or other conduct, waive the statutory right to be present at trial before the trial has begun? As explained in our post on the court of appeals decision, Washington complained to the trial court about… Read more


Resentencing — Defendant’s Right to Presence

State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03 For Stenseth: Robert A. Ferg Issue: Whether violation of the defendant’s right to be present at resentencing (occasioned by the original sentence exceeding the maximum allowable period of confinement) is subject to harmless error analysis. Holding: ¶16. Wisconsin Stat. § 971.04(1)(g) provides that a defendant shall… Read more