Stacey v. State

Eldridge, Judge.

In 1997, then 18-year-old Rodney Lee Stacey was indicted in Newton County for burglary. He entered a plea of not guilty, and the case went to trial in superior court. Stacey was represented by counsel, and he and his attorney conducted voir dire. When the trial court adjourned the proceedings for the evening, a jury had been selected but not sworn. The record shows that “Mr. Stacey was sitting in court when [the judge] personally advised him, Mr. Kelly [defense counsel], and all persons involved to be back the next morning to commence the trial.”

Stacey did not return the next…