McCaffrey v. State
Indiana Court of Appeals
1Opinion of the Court
ROBERTSON, Judge.
In this consolidated appeal of four separate causes, Charles M. McCaffrey chal lenges his conviction following a bench trial in absentia of three counts of resisting law enforcement, two counts of public intoxication, and one count of disorderly conduct. The sole error alleged is the trial court's decision to proceed with trial of McCaffrey in absentia. We reverse.
An accused has an absolute right to be present at trial; however, as McCaffrey acknowledges, a court may proceed with trial if it finds the defendant knew of the trial date yet failed to appear. Freeman v. State…
Also in this document: Concurrence.
2Cases cited6 opinions
- Freeman v. StateIndiana Supreme Court · 1989
- Fennell v. StateIndiana Supreme Court · 1986
- Slocumb v. StateIndiana Supreme Court · 1991
- Slocumb v. StateIndiana Court of Appeals · 1991
- Thorpe v. StateIndiana Supreme Court · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Keith Miller v. Walter E. MartinCourt of Appeals for the Seventh Circuit · 2007
- McCaffrey v. StateIndiana Court of Appeals · 1992
- Carr v. StateIndiana Court of Appeals · 1992
- McCaffrey v. StateIndiana Court of Appeals · 1991
- Miller, Keith v. Martin, Walter E.Court of Appeals for the Seventh Circuit · 2007
2 more not listed; retrieve them via the Exa API.