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At the Lectern

Absent defendant opinion filing Monday

December 2, 2022

On Monday morning, the Supreme Court will file its opinion in People v. Ramirez, the last undecided case from the September calendar. (Briefs here; oral argument video here.)

The opinion is expected to address: (1) Did the trial court err in ruling that defendant’s overdose on heroin during his jury trial was an implicit waiver of his right to be present and made him voluntarily absent within the meaning of Penal Code section 1043, subdivision (b)(2)? (2) Did the trial court err in denying the defense motion for a one-day continuance to permit defendant to testify? The court granted review in June 2020.

The opinion can be viewed Monday starting at 10:00 a.m.

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