PEOPLE v. VARGAS

No. 79044.

673 N.E.2d 1037 (1996)

174 Ill.2d 355

220 Ill.Dec. 616

The PEOPLE of the State of Illinois, Appellee, v. Israel VARGAS, Appellant.

Supreme Court of Illinois.

November 21, 1996.


Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Alan D. Goldberg, Assistant Appellate Defender, of the Office of the State Appellate Defender, Chicago, and Rudy Renfer, law student, for appellant.

James Ryan, Attorney General, Springfield, and Jack O'Malley, State's Attorney, Chicago (Arleen Anderson, Assistant Attorney General, Chicago, and Renee Goldfarb, Susan R. Schierl, Robert Robertson and Michael P. Golden, Assistant State's Attorneys, of counsel), for the People.


Justice McMORROW delivered the opinion of the court:

The question presented in this case is whether a trial judge's absence from the courtroom during a portion of the cross-examination of a witness at a murder jury trial constitutes per se reversible error, or whether prejudice to defendant must be shown in order to warrant reversal. We hold that judicial absence during a felony trial constitutes per se reversible error.

Background

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