Legal Opinion

Cruz v. Commonwealth

Court of Appeals of Virginia

Decided September 3, 1996No. Record No. 0749-95-4PublishedCited by 3 opinions

1Opinion of the Court

DUFF, Senior Judge.

Following a jury trial conducted in his absence, appellant, Jose Luis Cruz (“Cruz”), was convicted of malicious wounding, sentenced to seven years imprisonment, and fined $20,000. On appeal, Cruz argues that the court erred by proceeding in his absence. We disagree and affirm.

I

Following his arrest, Cruz was released on bond after he signed a recognizance form on which he acknowledged that, if he failed to appear at trial, the court could try and convict him in his absence. Subsequently, Cruz was indicted and arraigned. Cruz was again released after he signed another form…

2Cases cited17 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Illinois v. AllenSupreme Court of the United States · 1970
  3. Taylor v. United StatesSupreme Court of the United States · 1973
  4. Crosby v. United StatesSupreme Court of the United States · 1993
  5. United States v. PetersonCourt of Appeals for the Fourth Circuit · 1975

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3Cited by3 opinions

  1. Cruz v. CommonwealthCourt of Appeals of Virginia · 1997
  2. Cruz v. CommonwealthCourt of Appeals of Virginia · 1997
  3. Thomas Franklin Hohman v. CommonwealthCourt of Appeals of Virginia · 1996

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