In what may be one of the last dissents he authors for the Court of Appeals before he retires, Judge Eugene Fahey wrote for the minority in a 4-3 decision that a holding by his colleagues in the majority erodes criminal defendants’ right to be present at material stages of their trials.
The court’s split decision pertains to defendants’ right to be present in the courtroom for judges’ sidebar conversations with prospective jurors about their ability to be objective in a trial, which the Court of Appeals affirmed as a “fundamental right” in a 1992 ruling in People v. Antommarchi.
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