People v. Swan

Michigan Supreme Court

People v. Swan

231 N.W.2d 651, 394 Mich. 451, 1975 Mich. LEXIS 246

CourtMichigan Supreme Court

DecidedJuly 23, 1975

DocketDocket 56847

StatusPublished

Cited by10 cases

This text of 231 N.W.2d 651 (People v. Swan) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Swan, 231 N.W.2d 651, 394 Mich. 451, 1975 Mich. LEXIS 246 (Mich. 1975).

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Opinion

Memorandum Opinion. Defendant was convicted of armed robbery. The Court of Appeals reversed his conviction because part of the testimony and the jury’s verdict were received in defendant’s absence. 59 Mich App 409; 229 NW2d 476 (1975). The people seek review by this Court.

The record in the instant case discloses that defendant, who had been released on bond, did not reappear in the courtroom after a mid-trial recess. The trial judge waited several hours for his return *452 and then adjourned the case. When court reconvened four days later, defendant had not reappeared, and testimony was received regarding attempts to locate the defendant. The trial judge then directed that the trial be completed in defendant’s absence, and the jury found the defendant guilty of the charged oifense.

A defendant’s voluntary absence from the courtroom after trial has begun waives his right to be present and does not preclude the trial judge from proceeding with the trial to conclusion. People v Gant, 363 Mich 407; 109 NW2d 873 (1961); Frey v Calhoun Circuit Judge, 107 Mich 130; 64 NW 1047 (1895); Diaz v United States, 223 US 442; 32 S Ct 250; 56 L Ed 500 (1912); Taylor v United States, 414 US 17; 94 S Ct 194; 38 L Ed 2d 174 (1973). This Court, therefore, in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), reverses the judgment of the Court of Appeals and reinstates defendant’s conviction and sentence.

T. G. Kavanagh, C. J., and Williams, Levin, M. S. Coleman, J. W. Fitzgerald, and Lindemer, JJ., concurred. Swainson, J., took no part in the decision of this case.

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Memorandum Opinion. Defendant was convicted of armed robbery. The Court of Appeals reversed his conviction because part of the testimony and the jury’s verdict were received in defendant’s absence. 59 Mich App 409; 229 NW2d 476 (1975). The people seek review by this Court.

The record in the instant case discloses that defendant, who had been released on bond, did not reappear in the courtroom after a mid-trial recess. The trial judge waited several hours for his return *452 and then adjourned the case. When court reconvened four days later, defendant had not reappeared, and testimony was received regarding attempts to locate the defendant. The trial judge then directed that the trial be completed in defendant’s absence, and the jury found the defendant guilty of the charged oifense.

A defendant’s voluntary absence from the courtroom after trial has begun waives his right to be present and does not preclude the trial judge from proceeding with the trial to conclusion. People v Gant, 363 Mich 407; 109 NW2d 873 (1961); Frey v Calhoun Circuit Judge, 107 Mich 130; 64 NW 1047 (1895); Diaz v United States, 223 US 442; 32 S Ct 250; 56 L Ed 500 (1912); Taylor v United States, 414 US 17; 94 S Ct 194; 38 L Ed 2d 174 (1973). This Court, therefore, in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), reverses the judgment of the Court of Appeals and reinstates defendant’s conviction and sentence.

T. G. Kavanagh, C. J., and Williams, Levin, M. S. Coleman, J. W. Fitzgerald, and Lindemer, JJ., concurred. Swainson, J., took no part in the decision of this case.

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Bluebook (online)

231 N.W.2d 651, 394 Mich. 451, 1975 Mich. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-swan-mich-1975.

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