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State v. Martinez-Castellanos 2017 UT App 13 (Jan. 20, 2017)

Jan 20, 2017

Trial counsel’s failure to provide the defendant a meaningful opportunity to participate in the in-chambers voir dire of potential jurors, either by being physically present or through discussion after, constituted deficient performance.  Without deciding whether voir dire is, as a general matter, a critical stage of trial at which a defendant has a right to be present at all times, the court held that the in-chambers voir dire in this case was sufficiently important that the defendant had a right to participate.