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· 6/10/1985

Charles M. Siverson v. Michael O'Leary and Neil F. Hartigan

Citations

  • 764 F.2d 1208
  • 1985 U.S. App. LEXIS 19827

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying harmless error review to attorney’s absence during jury deliberations and return of verdict
  • finding the absence of counsel during jury deliberations was harmless error
  • jury deliberations and return of the verdict are critical trial stages; “like the ‘denial of assistance altogether,’ ... [this] constitutes a discrete situation that must be considered at least likely to result in prejudice to the defendant
  • trial counsel's physical absence from courtroom while jury deliberated held to be structural denial of counsel during critical stage of trial; no separate showing of prejudice was necessary
  • counsel absent during jury deliberations and return of verdict
  • applying harmless error review to Cronic error

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Pell, Wisdom

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.