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Second Circuit: Videoconference at Resentencing Violates Right to be Present

Loaded on March 15, 2014 published in Prison Legal News March, 2014, page 39
Filed under: Disciplinary Hearings, Presence at Hearing, Court Appearances, Prisoners-International, Terrorism. Location: New York.
The Second Circuit Court of Appeals has held that resentencing a defendant by videoconference violated his right to be present in court, and the government failed to satisfy its burden of establishing that the defendant knowingly and voluntarily waived his right to be present. Under the circumstances, however, the error ...

 

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