Whether criminal defendants are required to prove prejudice for an ineffective assistance of counsel claim where counsel is absent during a critical stage of trial and whether closing the courtroom during witness testimony violates the defendant's constitutional rights

QUESTIONS PRESENTED 1. Whether criminal defendants are required to prove prejudice for an ineffective assistance of counsel claim where counsel is absent and the defendant is unable to assert his constitutional right to a speedy trial at the hearing to set 4trial:date. 2. Whether it is fundamentally unfair to close the courtroom , during the complaining witness's CCTV testimony and for the remainder of the trial where counsel was absent from the courtroom ~ ; during the CCTV testimony and never ‘advised the defendant of the public trial right or if counsels ineffective assitance should be presumed prejudicial. (i) \ PARTIES The petitioner is Kelly Bass, a prisoner at Buckingham correctional center in Dillwyn, VA. The respondent is Chadwick Dotson the director of Virginia Department of Corrections. RELATED CASES Bass v. Commonwealth, 70 Va. App. 522, Virginia court of appeals decided on July 9,2019. Bass v. Commonwealth, No. 191033 petition for appeal decided on Aug 5, 2020 and petition for rehearing decided on Oct 9,2022. Bass v. Clarke, No. 210518, Virginia Supreme Court. Decided on = March 23,.2022. Bass v. Clarke, No. 7:22cv00259, U.S. District court for the Wes: tern District of VA, Roanoke division. Decided on July 28,2023. Bass v. Dotson, No. 23-6847, United States Court of Appeals for . the 4th Circuit. Decided on.July 9, 2024. (ii)