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5.9 Defendant’s Presence During Jury Deliberations
Library | Trial of Capital Murder Cases in Virginia (Virginia CLE) (2019 Ed.) |
5.9 DEFENDANT'S PRESENCE DURING JURY DELIBERATIONS
Remington v. Commonwealth 250 noted that "we have not held, and expressly decline to hold, that a defendant has a statutory right to be in a courtroom while the jury is deliberating in another room."
[Page 406]
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Notes:
[250] 262 Va. 333, 360-61, 551 S.E.2d 620, 637 (2001).
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Request your trial- Trial of Capital Murder Cases in Virginia (Virginia CLE)
- Chapter 5 The Penalty Trial
- 5.1 Introduction
- 5.2 “eligibility” and “selection” Phases
- 5.3 Aggravating Factors
- 5.4 Mitigation
- 5.5 Exclusion of Mitigating Evidence
- 5.6 Instructions Concerning Parole Eligibility
- 5.7 Jury Instructions and Verdict Forms
- 5.8 Closing Argument
- 5.9 Defendant’s Presence During Jury Deliberations
- 5.10 Polling the Jury
- 5.11 Impeaching the Jury’s Verdict
- 5.12 Post-sentence Reports
- 5.13 Resentencing Hearings
- Appendix 5-1 Sample Jury Verdict Forms
- Appendix 5-2 Motion to Declare the “continuing Threat” Aggravating Factor Unconstitutional in Light of Lawlor V. Commonwealth
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