Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 17
Page 56
56 / 130
3
i
cnet
“a.
606—OPINION
4 ILLINOIS v. ALLEN
my sister and my friends here in court to testify
for me.’ The trial judge thereupon ordered the
petitioner removed from the courtroom.” 413 F.
2d, at 233-234,
After this second removal, Allen remained out of the
courtroom during the presentation of the State's case-in-
chief, except that he was brought in on several occasions
for purposes of identification. During one of these latter
appearances, Allen responded to one of the judge's ques-
tions with vile and abusive language. After the prose-
cution’s case had been presented, the trial judge reiter-
ated his promise to Allen that he could return to the
courtroom whenever he agreed to conduct himself prop-
erly. Allen gave some assurances of proper conduct
and was permitted to be present through the remainder
of the trial, principally his defense, which was conducted
by his appointed counsel. .
The Court of Appeals went on to hold that the
Supreine Court of Illinois was wrong in ruling that
Allen had by his conduct relinquished his constitutional
right to be present, declaring that:
“No conditions may be imposed on the absolute
right of a criminal defendant ta be present at all
stages of the proceedings. The insistence of a
defendant that he exercise this right under unrea-
sonable conditions does not amount to a waiver.
Such conditions, if insisted upon, should and must
be dealt with in a manner that does not compel the
relinquishment of his right.
“In light of the decision in Hoyt v. Utah, 110
U.S. 574 (1884) and Shields v. United States, 273
U.S. 583 (1927) as well as the constitutional man-
date of the Sixth Amendment, we are of the view
that the defendant should not have been excluded
from the courtroom during his trial despite his dis-
ruptive and disrespectful conduct. The proper
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic