Maryland v. Craig – one-way closed circuit T.V. allowed with a court finding that the child would suffer distress
held face-to-face not an absolute right (ex. some hearsay) (though still a strong preference, must give way to considerations of public policy and  necessities of the case)
judge makes finding maybe using social worker opinion
face-to-face can be overcome by certain circumstances
court has substantial interest in protecting child abuse victims
this way D can see child testifying, but child never has to see D
dissent:  Constitution says face to face, means in presence of D
case a catalyst for states to change laws
note:  D can still call child as a witness, though … at that point child not have same protection
D definitely gets to see the witness
Hearsay Ok …
if falls under traditional hearsay exception, or
if there is a indicia of reliability
Preliminary Hearings
have to have counsel
issue of probable cause
D counsel may not want to point out holes in witness testimony bc it alerts the P
Danger witnesses may not be around at time of trial and P will offer as a hearsay statement
P will argue D had opportunity to fully question at preliminary hearing
A traditional hearsay exception from former proceeding where opportunity to c-x
If D does not show up or leaves in the middle …
never shows up, difficult situation (if D alerted, case law says can start but most jurisdictions decline to proceed)
leaves in middle can proceed
Presence of D in Courtroom
NO absolute right for D to be there if so disrupted should be excluded
Goal is to get D to behave (first warn, then threat contempt…)
If kicked out, allow back in if promise to be good
If D is own attorney, this is why you need stand-in counsel