State v. Russell

WYNN, Judge.

Under our case law, “[a] defendant’s voluntary and unexplained absence from court subsequent to the commencement of trial constitutes ... a waiver [of his right to confrontation].” 1 Here, Defendant Angelo Maurice Russell failed to provide a reasonable explanation for his absence from his trial. Accordingly, we find no error in the trial court’s finding that he waived his right to confrontation.

On 20 August 2005, Annis Hannah was at the Smithfield Elementary School for her son’s soccer tryouts between 11:00 a.m. and 1:00 p.m. When she returned to her minivan, parked in an open…