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Supreme Court — Part 17

130 pages · May 11, 2026 · Document date: Jan 4, 1968 · Broad topic: General · Topic: Supreme Court · 129 pages OCR'd
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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
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