On Point blog, page 1 of 1
State v. Michael L. Washington, 2016AP238-CR, petition for review granted 4/10/17
Review of a published court of appeals decision; case activity (including briefs)
Issue:
Whether a defendant may, by voluntary absence or other conduct, waive the statutory right to be present at trial before the trial has begun?
Resentencing — Defendant’s Right to Presence
State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03
For Stenseth: Robert A. Ferg
Issue: Whether violation of the defendant’s right to be present at resentencing (occasioned by the original sentence exceeding the maximum allowable period of confinement) is subject to harmless error analysis.
Holding:
¶16. Wisconsin Stat. § 971.04(1)(g) provides that a defendant shall be present “[a]t the pronouncement of judgment and the imposition of sentence.”