People v. Krueger

Defendant was charged with and convicted by a jury of one count of first-degree criminal sexual conduct 1 and one count of attempted second-degree criminal sexual conduct. 2 He appeals, claiming that he was deprived of his constitutional 3 and statutory 4 right to be present at trial when the trial judge removed him from the courtroom while the complainant testified.

We conclude that under MCL 768.3 a defendant has a right to be physically present at trial. The trial judge’s decision to remove this defendant from the courtroom while taking testimony from the complainant constituted error…