defendant-presence
8 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6701 | Eskender Getachew v. United States | Sixth Circuit | 2026-02-03 | Pending | Response WaivedIFP | circuit-split criminal-procedure defendant-presence jury-verdict sixth-amendment trial-court-duty | Both the Constitution (through the Fifth and Sixth Amendments) and the Federal Rules of Criminal Procedure (Rule 43) provide that a defendant "must be… |
| 24-7173 | Terrell Perkins v. Gregory Hancock, Warden | Eighth Circuit | 2025-05-12 | Denied | IFP | child-witness confrontation-rights constitutional-procedure courtroom-testimony defendant-presence emotional-distress | Whether a defendant's confrontation rights under Craig are violated when a court permits a minor child witness to testify outside the defendant's pres… |
| 24-6644 | Lola Shalewa Barbara Kasali v. United States | Fifth Circuit | 2025-02-25 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defendant-presence jury-selection legal-jurisdiction trial-in-absentia | Whether the Federal Rules of Criminal Procedure 43, case law, and the United States Constitution permit the trial in absentia of a defendant who is no… |
| 24-5635 | Kim Bowers v. Payson City, Utah | Utah | 2024-09-25 | Denied | Relisted (2)IFP | confrontation-clause criminal-procedure defendant-presence due-process sixth-amendment trial-rights | Whether a criminal defendant's right to be physically present during trial can be abridged when the defendant is absent voluntarily after the trial ha… |
| 22-6857 | Cynthia J. Rowe v. Penny J. Roberts, et al. | Third Circuit | 2023-02-24 | Denied | IFP | administrative-law civil-rights crime-scene criminal-procedure defendant-presence documentary-evidence due-process equal-protection evidentiary-standard jurisdiction standing supreme-court-review | Whether the lower court erred in its ruling |
| 21-5291 | Leonardo Miguel Garcia Morales, aka El Padrino v. United States | Eleventh Circuit | 2021-08-04 | Denied | Response WaivedIFP | criminal-procedure criminal-trial critical-stage defendant-presence district-court-discretion due-process judicial-discretion jury-deliberations right-to-presence testimony-of-accused testimony-rehearing | Does the right to presence at critical stages of a criminal trial extend to proceedings before the jury in which the district court discourages the ju… |
| 19-7467 | Frankie Beqiraj v. United States | Second Circuit | 2020-01-29 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defendant-presence due-process jury-selection peremptory-challenges right-to-be-present waiver | Whether a defendant has a constitutional right to be present during a conference at which the parties exercise their peremptory challenges to strike p… |
| 19-7132 | Ric Thomason, Jr. v. United States | Eleventh Circuit | 2019-12-31 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing | Whether the district court abused its discretion in failing to hold a resentencing hearing, with the defendant present, prior to imposing a modified s… |