In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury during jury deliberations; and if the defendant and his counsel are both absent from the supplemental arguments because they were not given notice; and if the supplemental arguments address the defendant's guilt; has the defendant been denied his Sixth Amendment right to counsel at a critical stage of the proceedings?

QUESTIONS PRESENTED 1. In a criminal prosecution, if a trial court permits the prosecutor and counsel for a codefendant to present supplemental arguments to the jury during jury deliberations; and if the defendant and his counsel are both absent from the supplemental arguments because they were not given notice; and if the supplemental arguments address the defendant’s guilt; has the defendant been denied his Sixth Amendment right to counsel at a critical stage of the proceedings? QUESTIONS BASED ON THE SCENARIO IN QUESTION 1: 2. If the defendant’s Sixth Amendment right to counsel at a critical stage of the proceedings has been violated, is the error structural, requiring reversal per se? 3. Has the defendant been denied his Sixth and Fourteenth Amendment right to be personally present during a critical stage of trial? 4. If the defendant’s right to be personally present at a critical stage of the proceedings has been violated, is the error structural, requiring reversal per se? 5. Should this Court adopt the Ninth Circuit Court of Appeals’ threepronged test for determining whether a hearing conducted in a trial court amounts to a critical stage of the proceedings? 2