Defendant was found guilty after a bench trial of attempted first-degree murder and two counts of aggravated domestic battery and sentenced to 14 years. Defendant argued on appeal that the trial court violated his due process rights when the court viewed a thumb drive of admitted evidence outside of his presence, including video recordings of the incident that gave rise to the charges. The appellate court affirmed, finding that defendant’s rights were not violated and he was not deprived of the ability to make informed decisions regarding his right to testify. The appellate court also found that defendant waived his right to be present because his counsel recommended it to the court. (HAUPTMAN, concurring and McDADE, specially concurring)
Illinois Appellate Court
Criminal Court
Right to Be Present