Legal Opinion
United States v. Martin Fontanez
Court of Appeals for the Second Circuit
Decided June 13, 1989No. 1045, Docket 88-1567PublishedCited by 65 opinions
1Opinion of the Court
ALTIMARI, Circuit Judge:
Defendant-appellant Martin Fontanez appeals from a judgment of the United States District Court (Judge Charles M. Metzner) convicting him after a jury trial of distributing three glassine envelopes of heroin within 1,000 feet of a school in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(C) and 845a(a) and 18 U.S.C. § 2. On this appeal, Fontanez contends that the district court, by allowing a read-back of testimony and giving additional instructions to the jury in his absence, violated his right to be present at all stages of his trial. We agree.
For the reasons…
2Cases cited24 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Illinois v. AllenSupreme Court of the United States · 1970
- Allen v. United StatesSupreme Court of the United States · 1896
- Snyder v. MassachusettsSupreme Court of the United States · 1934
19 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- United States v. BenabeCourt of Appeals for the Seventh Circuit · 2011
- United States v. Lorenzo Nichols, Howard MasonCourt of Appeals for the Second Circuit · 1995
- United States v. Enrique Reinaldo Rivera and Samuel Aponte-VegaCourt of Appeals for the Second Circuit · 1994
- George Earl Larson v. Robert Tansy, WardenCourt of Appeals for the Tenth Circuit · 1990
- Francesco Polizzi v. United StatesCourt of Appeals for the Second Circuit · 1991
60 more not listed; retrieve them via the Exa API.