In re Cardinal
In In re Cardinal, 162 Vt. 418, 419, 649 A.2d 227, 229 (1994), the Court held that the defendant waived his right to be present during voir dire where he failed to notify the court that he could not see and hear individual voir dire proceedings at the bench. Id.
The defendant attempted to approach the bench, but his lawyer told him to wait at the defense table.
The Court held defendant's silence constituted a waiver because "a rule permitting invalidation of the results of voir dire because of a . . . Defendant's after-the-fact testimony, would create great potential for sandbagging the trial court." Id.