What is the burden of demonstrating prejudice against a defendant whose right of personal presence is denied?
California, United States of America
The following excerpt is from People v. Patterson, B251202 (Cal. App. 2014):
A "defendant whose right of personal presence [is] denied bears the burden of demonstrating prejudice." (People v. Wilen (2008) 165 Cal.App.4th 270, 290.) In addition, the error alleged here is subject to harmless error analysis. (See Chapman v. California (1967) 386 U.S. 18, as to the federal constitutional right, and People v. Watson
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