· 11/27/1998
United States v. Matthew Mortimer
Citations
- 161 F.3d 240
- 1998 U.S. App. LEXIS 30438
- 1998 WL 824296
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a trial’s “structure normally stands if the parties consent to excuse the presence of a judge.”
- holding structural error occurred where a prosecutor tried to make an objection, but the judge had disappeared from the bench
- finding structural defect in judge's unexplained absence from the courtroom during defense counsel's closing argument
- trial judge gave “no notice to counsel or the jury that he was about to depart. He was simply gone.”
- prosecutor objected during defense’s summation but withdrew objection upon observing that judge was not in the courtroom
- “[W]e cannot... anticipate every circumstance under which the judge’s absence may destroy the structure.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Nygaard, Noonan
Read full opinion on CourtListenerSourced 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.