Testimony: in People
v. Stevens (2009) 47 Cal.4th 625, 638 (Stevens),
we held that the stationing of a courtroom deputy next to a testifying
defendant is not an inherently prejudicial practice that must be justified by a
showing of manifest need. We explained,
however, that the trial court must exercise its own discretion and determine on
a case-by-case basis whether such heightened security is appropriate. (Id.
at p. 642.) Here, the trial court
did not make a case-specific decision but instead deferred to a general policy
when it stationed a deputy at the witness stand during defendant’s
testimony. The court erred, but the
error was harmless under People v. Watson
(1956) 46 Cal.2d 818 (Watson). (Cal. S. Ct., 28.02.11,
P. v. Hernandez, S175615).
Monday, February 28, 2011
P. v. Hernandez, S175615
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