No. 22-5462
Response WaivedIFP
Tags: courtroom-removal criminal-proceedings defendant-rights disruptive-conduct due-process fair-administration-of-justice illinois-v-allen right-to-be-present
Key Terms:
DueProcess JusticiabilityDoctri
DueProcess JusticiabilityDoctri
Latest Conference:
2022-10-14
Question Presented (AI Summary)
Does a court violate a defendant's right to be present during criminal proceedings by removing the defendant from the courtroom due to disruptive conduct without first warning the defendant?
Question Presented (OCR Extract)
QUESTION PRESENTED Under the “explicit” holding of Illinois v. Allen, 397 U.S. 337, 343 (1970), does a court violate the defendant’s right to be present during criminal proceedings when it removes the defendant from the courtroom due to disruptive conduct without first warning the defendant that continued disruption will result in removal?
Docket Entries
2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-09-26
Waiver of right of respondent New York to respond filed.
2022-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2022)
Attorneys
New York
Steven Chiajon Wu — New York County District Attorney's Office, Respondent
Steven Chiajon Wu — New York County District Attorney's Office, Respondent
Wilbur Irick
Matthew Joseph Bova — Center for Appellate Litigation, Petitioner
Matthew Joseph Bova — Center for Appellate Litigation, Petitioner