Whether a trial court has a duty to inquire into a defendant's absence before proceeding with a jury verdict when constitutional and procedural rules mandate defendant presence

Both the Constitution (through the Fifth and Sixth Amendments) and the Federal Rules of Criminal Procedure (Rule 43) provide that a defendant “must be present” when the jury returns its verdict. If the defendant is absent, i s the trial court under a duty to make some inquiry before proceeding to the verdict? iii RELATED CASES Pursuant to Supreme Court Rule 14(1)(b)(iii), Petitioner submits these cases which are directly related to this Petition: none