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Milligan v. State

A charge conference is not a stage of a criminal proceeding invoking a defendant's right to be present.

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After a jury trial, Dana Jerry Milligan was convicted of possession of methamphetamine with intent to distribute and misdemeanor obstruction of a law enforcement officer. On appeal, he contends that the court erred in admitting certain evidence, in excluding him from a charge conference, in referring to “admissions” in a jury charge, and in the manner in which it responded to announcements from the jury that it could not reach a verdict on possession with intent to distribute. For the reasons set forth below, we affirm. 1. Milligan argues that the court erred in admitting evidence that he had previously pleaded guilty to possession of methamphetamine with intent to distribute, on the ground that the court failed to weigh its prejudicial impact against its probative value. But Milligan did not object to the evidence on this ground at a pretrial hearing concerning its admission. He also did not assert this ground as the basis of his objection to its admission at trial. Instead, he objected to the evidence for a different reason —an alleged discovery violation —not raised on appeal. Because Milligan failed to raise, either at the pretrial hearing or at trial, the objection that he now asserts on appeal, he has waived appellate review of this assertion.1

2. Milligan argues that the court violated his right to be present at all proceedings against him when it excluded him from a charge conference that occurred during jury deliberations.2

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