State v. Luna

This case involves a defendant who was tried and convicted in absentia while the court and counsel knew he was in jail in another state. Because the court did not conduct an inquiry to determine whether defendant willingly absented himself from trial, it is not possible to infer that defendant knowingly waived his right to be present. For that reason, we reverse defendant’s convictions and remand for a new trial.

I

A

On March 26, 2001, a grand jury indicted defendant Daniel Luna and five others on charges related to an armed robbery of a home in Ridgefield, New Jersey. Specifically, the…