Circuit split · criminal procedure

Whether a trial judge's absence during the trial is structural error requiring automatic reversal or is subject to harmless-error analysis

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Riley v. Deeds56 F3D 1117
Ninth Circuit Court of Appeals · June 6, 1995
“We recognize there is a split of authority among courts which have considered the issue whether a judge’s absence during the trial process is reversible error per se or whether it is the type of error which may be subjected to harmless error analysis.” — Split of authority
Empirical analysis of this case →

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

Joined byPeri v. State426 So.2d 1027
Joined by · Fla.Brown v. State538 So.2d 833
Joined by · Fla.Glee v. State639 So.2d 1092
“State, 538 So.2d 833 , 836 (Fla.1989) (holding that “communication from the jury must be received by the trial judge in person and the absence of the judge when a communication is received and answered is reversible error”); Glee v.” — Riley v. Deeds, acknowledging the split
Joined by · S.D.State v. O'Connor378 N.W.2d 248
Discussed · 9th Cir.Hays v. Arave977 F.2d 475
On the other side · 3d Cir.Haith v. United States342 F.2d 158
“United States, 341 F.2d 253 , 256 (3d Cir.1965) (waiver implied from defendant’s failure to object and participation in proceedings); Haith v.” — Riley v. Deeds, acknowledging the split
On the other side · E.D. Penn.Taylor v. United States386 F.Supp. 132
On the other side · Ariz.State v. James110 Ariz. 334
On the other side · Colo.People v. Garcia826 P.2d 1259
On the other side · Ind.McBrady v. State459 N.E.2d 719
On the other side · Miss.Sand v. State467 So.2d 907
On the other side · 3d Cir.Stirone v. United States341 F.2d 253

What the split turns on

Anchor precedents:: Arizona v. Fulminante499 U.S. 308
Doctrines & tests:: harmless-error analysis ·; structural error ·; trial error ·; reversible error per se ·; effective control

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.