Ronald B. Hawkins v. State of Indiana

DAVID, Justice.

When a criminal defendant fails to appear at trial, it is appropriate to consider whether or not the absence waives his right to counsel and right to be present at trial before trying that defendant in absen-tia. Such was the case here, where a defendant who lived in North Carolina arrived late for trial in Elkhart, Indiana, only to discover that he had already been convicted. Based on the particular facts and circumstances of this case, however, we conclude that trying the defendant in ab-sentia, without counsel, was not the proper course of action for the trial judge to take.…