Legal Opinion
Lee M. Hays v. A.J. Arave
Court of Appeals for the Ninth Circuit
Decided October 7, 1992No. 90-16775PublishedCited by 34 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
Lee M. Hays appeals the district court’s dismissal of his pro se habeas petition. He raises numerous claims on appeal. We need address only one issue, however, because we find it dispositive.
Hays asserts that he was denied his right to be present at his sentencing when California sentenced him in absentia.1 Hays has both a state and federal right to be present at his sentencing. His state right emanates from the California Constitution and section 1193 of the California Penal Code, which at the time of Hays’ sentencing provided that he “must be personally present when…
2Cases cited23 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Payne v. TennesseeSupreme Court of the United States · 1991
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- United States v. Jose Luis Gonzalez-FloresCourt of Appeals for the Ninth Circuit · 2005
- James Edward Hegler v. Robert G. Borg, Warden Dan LungrenCourt of Appeals for the Ninth Circuit · 1995
- United States v. Dwayne StevensCourt of Appeals for the Third Circuit · 2000
- David Lewis Rice v. Tana Wood, Superintendent, David Lewis Rice v. Tana Wood, SuperintendentCourt of Appeals for the Ninth Circuit · 1996
- Raymond F. Riley v. George DeedsCourt of Appeals for the Ninth Circuit · 1995
29 more not listed; retrieve them via the Exa API.