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· 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 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.