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277 S.C. 210

284 S.E.2d 779

State v. Cain

Supreme Court of South Carolina

Decided November 24, 1981

Supreme Court of South Carolina · decided 1981-11-24

Cited by 13 later decisions — most recently April 2009

13 state decisions

Key passage — most relied on by later courts

“The appellant was released on a general appearance bond and was represented by counsel at a preliminary hearing. Both the appellant and his attorney knew" the case was coming up for trial. The appellant knew he had a duty to stay in touch with his attorney and with the court. We held in State v. Jacobs, 271 S.C. 126 , 245 S.E.2d 606 (1978) that a waiver of the right to counsel can be inferred from a defendant’s actions. In this case, the appellant failed to fulfill the conditions of his appearance bond and neglected to keep contact with his attorney, although he knew his trial was imminent. We think a waiver of the right to counsel is inferrable [sic] from these omissions.”

quoted by 1 later decision, including State v. Thompson

Relies on State v. Jacobs

Good law ✅— No negative treatment on recordhow we know

Decided 1981-11-24

View the full empirical analysis of this case →

Per Curiam:

¶1 The appellant was tried in absentia and without counsel and convicted of driving under the influence of alcohol, third offense. He was sentenced to three (3) years’ imprisonment and a fine of $2,000. He argues the court cannot infer a valid waiver of his right to counsel from his failure to be present at trial. We disagree and affirm the conviction.

¶2 The appellant was released on a general appearance bond 1 and was represented by counsel at a preliminary hearing. Both the appellant and his attorney knew the case was coming up for trial. The appellant knew he had a duty to stay in touch with his attorney and with the court.

¶3 We held in State v. Jacobs, 271 S. C. 126, 245 S. E. (2d) 606 (1978) that a waiver of the right to counsel can be inferred from a defendant’s actions. In this case, the appellant *211 failed to fulfill the conditions of his appearance bond and neglected to keep contact with his attorney, although he knew his trial was imminent. We think a waiver of the right to counsel is inferrable from these omissions.

¶4 Therefore, we affirm the appellant’s conviction and sentence.

1

¶5 The bond required his attendance at the next call of the General Sessions Court. It further ordered him to continue to appear until his case was disposed of.

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