A Florida judge has run afoul of the U.S. Court of Appeals for the Eleventh Circuit for “blatant constitutional violations,” allowing a trial to continue while the defendant, the defense counsel or both were out of the courtroom.

The panel of three didn’t reverse the convictions because they said the mistake didn’t change the outcome of the trial, but Judge Stanley Marcus called the case “troubling” in the majority opinion, as did Judge Charles Wilson in a separate concurrence. Wilson also said the same judge has done this before, and likely will again. U.S. District Judge James Graham of the Southern District of Ohio, sitting by designation, also concurred.