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288 S.C. 94

341 S.E.2d 375

State v. Jackson

Supreme Court of South Carolina

Decided March 5, 1986

Supreme Court of South Carolina · decided 1986-03-05

Key passage — most relied on by later courts

“Except in cases wherein capital punishment is a permissible sentence, a person indicted for misdemeanors and/or felo nies may voluntarily waive his right to be present and may be tried in his absence upon a finding by the court that such person has received notice of his right to be present and that a warning was given that the trial would proceed in his absence upon a failure to attend the court.”

quoted by 1 later decision, including State v. Castineira

Relies on State v. Fleming

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-05

How this case has been cited

Cited by 14 later decisions — most recently March 2010

14 state decisions

801986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Harwell, Justice:

¶1 Appellant contends that the lower court erred in proceeding with her trial in absentia. We agree and reverse and remand.

¶2 Appellant was convicted of robbery as well as assault and battery of a high and aggravated nature. Prior to trial, appellant was granted bail and released from custody. Appellant did not appear for her trial and did not respond when the bailiff called her name throughout the courthouse just before her trial. Appellant was tried and convicted in her absence. She was represented at trial by counsel. Subsequently, appellant was apprehended and brought into court for sentencing.

¶3 Rule Three (3) of the Criminal Practice Rules (formerly Circuit Court Rule 35) provides:

Except in cases wherein capital punishment is a permissible sentence, persons indicted for misdemeanors and/or felonies may voluntarily waive their right to be present and may be tried in their absence upon a finding by the court that such person has received notice of *96 his or her right to be present and that a warning was given that the trial would proceed in his or her absence upon a failure to attend court.

¶4 The proper course of action in this case would have been for the trial judge, before appellant’s trial in absentia began, to make findings of fact regarding 1) whether the appellant had received notice of her right to be present, and 2) whether the appellant had been warned that the trial would proceed in her absence upon a failure to attend court. From a review of the record, it is evident that was not done. This was error. State v. Fleming, 287 S. C. 268, 335 S. E. (2d) 814 (Ct. App. 1985).

¶5 Reversed and remanded.

Ness, C. J., and Gregory, Chandler and Finney, JJ., concur.
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