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United States v. Gagnon

Supreme Court of the United States (1985) | 84 L. Ed. 2d 486; 105 S. Ct. 1482; 470 U.S. 522; 1985 U.S. LEXIS 67

3 min read

TL;DR: A criminal defendant's failure to object to their exclusion from a judge's private meeting with a juror constitutes a waiver of their right to be present. The Court held that an express, on-the-record waiver is not required for such a conference.

Legal Significance: Establishes that a defendant can waive their right to be present under Federal Rule of Criminal Procedure 43 through inaction, by failing to object or assert the right when they know a conference is occurring, without an express waiver being necessary.