Rule 124. Presence of the defendant
The defendant shall be present at every stage of the trial and at the
imposition of sentence. A corporation shall appear by a licensed attorney at
law for all purposes. The defendant's presence is not required at a reduction
Defendant's removal from courtroom during reading of verdict and polling
of jury constituted harmless error, and thus trial court did not abuse its
discretion in denying defendant's motion for new trial, where trial judge found
that defendant had failed to show how fundamental fairness was thwarted by his
brief absence from proceedings, and that there was no longer any threat of
prejudice to defendant because jury had completed deliberations and was in
process of returning verdict when defendant's outburst prompted his removal
from courtroom. Government of V.I. v. Kidd, D.C.V.I. 1999, 42 V.I. 153, 79 F.
Supp. 2d 566.
There was no plain error in trial judge's ruling that, by failing to
contemporaneously object to his removal from courtroom, defendant failed to
preserve issue for appeal. Government of V.I. v. Kidd, D.C.V.I. 1999, 42 V.I.
153, 79 F. Supp. 2d 566.
Violation of a criminal defendant's right to be present at all stages of
trial may constitute harmless error if reviewing court determines beyond a reasonable
doubt that error did not influence verdict. Government of V.I. v. Kidd,
D.C.V.I. 1999, 42 V.I. 153, 79 F. Supp. 2d 566.
Government of the Virgin Islands v. Boynes, 2003 V.I. LEXIS 5, 45 V.I.
195 (Terr. Ct. St. T. and St. J. Apr. 9, 2003).
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