Legal Opinion
Clark v. Scott
Court of Appeals for the Fifth Circuit
Decided December 8, 1995No. 94-11125PublishedCited by 23 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This appeal presents the question whether a state court is constitutionally required to conduct a Benavides balancing test 1 before proceeding to try a criminal defendant who voluntarily absented himself from the trial after the jury was impaneled. Rufus Ray Clark, Jr., represented by an attorney, was tried and convicted in absentia of burglary by the state of Texas. Upon being later apprehended and returned to the court, he was sentenced to sixty years in prison, pursuant to the jury’s recommendation. In the subsequent state habeas proceedings, the Texas courts…
2Cases cited14 opinions
- Illinois v. AllenSupreme Court of the United States · 1970
- Diaz v. United StatesSupreme Court of the United States · 1912
- Taylor v. United StatesSupreme Court of the United States · 1973
- United States v. John Tortora, United States of America v. Samuel SantoroCourt of Appeals for the Second Circuit · 1972
- Harold Amos Barnard, Jr. v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Malchi v. ThalerCourt of Appeals for the Fifth Circuit · 2000
- Alonzo Evans v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2002
- Mata v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Todd Smith v. Louis F. Mann, Warden, Shawangunk Correctional FacilityCourt of Appeals for the Second Circuit · 1999
- Richard Lara v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
18 more not listed; retrieve them via the Exa API.