context: I can think of no more critical a stage in criminal proceedings than the admission of inculpatory evidence against a defendant. Several of our sister circuits agree.
citation_a.signal: see
citation_a.identifier: 224 F.3d 561, 568
citation_a.parenthetical: "When the government presents evidence probative of a defendant's culpability in criminal activity, or evidence that further implicates a defendant in criminal conduct, that portion of a criminal trial is sufficiently critical to the ultimate question of guilt to trigger the protections of Cronic."
citation_a.sentence: See, e.g., United States v. Hamilton, 391 F.3d 1066, 1070-71 (9th Cir. 2004) (finding that “the portions of the consolidated proceedings in which evidence relating to [the defendant’s] case” was presented constituted a critical stage, and the absence of defense counsel at such a stage resulted in structural error); Olden v. United States, 224 F.3d 561, 568 (6th Cir. 2000) (“When the government presents evidence probative of a defendant’s culpability in criminal activity, or evidence that further implicates a defendant in criminal conduct, that portion of a criminal trial is sufficiently critical to the ultimate question of guilt to trigger the protections of Cronic.”); Burdine v. Johnson, 262 F.3d 336, 347 (5th Cir. 2001) (en banc) (“[T]he presentation of evidence against a defendant is a critical stage of a criminal proceeding.”); see also Green v. Arn, 809 F.2d 1257, 1263 (6th Cir.) (“It is difficult to perceive a more critical stage of a trial than the taking of evidence on the defendant’s guilt.”), vacated on other grounds, 484 U.S. 806, 108 S.Ct. 52, 98 L.Ed.2d 17 (1987) (mem.), reinstated, 839 F.2d 300 (6th Cir. 1988); United States v. Russell, 205 F.3d 768, 771-72 (5th Cir. 2000).
citation_b.signal: see also
citation_b.parenthetical: "It is difficult to perceive a more critical stage of a trial than the taking of evidence on the defendant's guilt."
citation_b.sentence: See, e.g., United States v. Hamilton, 391 F.3d 1066, 1070-71 (9th Cir. 2004) (finding that “the portions of the consolidated proceedings in which evidence relating to [the defendant’s] case” was presented constituted a critical stage, and the absence of defense counsel at such a stage resulted in structural error); Olden v. United States, 224 F.3d 561, 568 (6th Cir. 2000) (“When the government presents evidence probative of a defendant’s culpability in criminal activity, or evidence that further implicates a defendant in criminal conduct, that portion of a criminal trial is sufficiently critical to the ultimate question of guilt to trigger the protections of Cronic.”); Burdine v. Johnson, 262 F.3d 336, 347 (5th Cir. 2001) (en banc) (“[T]he presentation of evidence against a defendant is a critical stage of a criminal proceeding.”); see also Green v. Arn, 809 F.2d 1257, 1263 (6th Cir.) (“It is difficult to perceive a more critical stage of a trial than the taking of evidence on the defendant’s guilt.”), vacated on other grounds, 484 U.S. 806, 108 S.Ct. 52, 98 L.Ed.2d 17 (1987) (mem.), reinstated, 839 F.2d 300 (6th Cir. 1988); United States v. Russell, 205 F.3d 768, 771-72 (5th Cir. 2000).