Scott v. Commonwealth

In my view Charlie Scott’s absence at the commencement and other critical stages of his trial for a felony not only violates RCr 8.28 and his rights protected by the constitutions of the United States and the Commonwealth, it also offends traditional notions of fair play and substantial justice. Though it is far from established, I will assume that a defendant in custody can waive his right to be present at such a trial by refusing to attend. However, that waiver must be made by the defendant personally at a hearing in open court and found by the court to have been made voluntarily,…