McCaffrey v. State

I dissent. The cireumstantial evidence here supports the inference that the defendant knew of the trial date. Therefore, the trial court properly tried the defendant in absentia.

Of course, the law is clear that "(elven when a defendant does not show up for trial at all, the [trial] court may conclude that the defendant's absence is knowing and voluntary and proceed with the trial when there is evidence that the defendant knew the scheduled date of his trial." Fennell v. State (1986), Ind., 492 N.E.2d 297, 299. Moreover, circumstantial evidence of such knowledge can be sufficient for a court…