People v. Swan
| Decision Date | 23 July 1975 |
| Docket Number | No. 56847,56847 |
| Citation | 231 N.W.2d 651,394 Mich. 451 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Jerry Oliver SWAN, Defendant-Appellee. 394 Mich. 451, 231 N.W.2d 651 |
| Court | Michigan Supreme Court |
Frank J. Kelley, Atty. Gen., Raymond L. Scodeller, Pros. Atty., and Lawrence J. Emery, Asst. Pros. Atty., Lansing, for the People.
R. George Economy, Lansing, for defendant-appellee.
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 N.W.2d 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 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 offense.
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 N.W.2d 873 (1961); Frey v. Calhoun Circuit Judge, 107 Mich. 130, 64 N.W. 1047 (1895); Diaz v. United States, 223 U.S. 442, 32 S.Ct. 250, 56 L.Ed. 500 (1912); Taylor v. United States, 414 U.S. 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.
SWAINSON, J., not participating.
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People v. Buie
...omitted). A defendant can waive his right to be present by (1) voluntarily being absent after the trial has begun, People v. Swan, 394 Mich. 451, 452, 231 N.W.2d 651 (1975), or (2) being “so disorderly or disruptive that his trial cannot be continued while he is present,” Mallory, 421 Mich.......
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...are: right to confront witnesses, People v. Murray, 52 Mich. 288, 17 N.W. 843 (1883); right to be present at trial, People v. Swan, 394 Mich. 451, 231 N.W.2d 651 (1975), cert. den. 423 U.S. 990, 96 S.Ct. 402, 46 L.Ed.2d 308 (1975); right against self-incrimination, People v. Roger Johnson, ......
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...1057, 25 L.Ed.2d 353 (1970), Taylor v. United States, 414 U.S. 17, 19-20, 94 S.Ct. 194, 38 L.Ed.2d 174 (1973), and People v. Swan, 394 Mich. 451, 452, 231 N.W.2d 651 (1975), cert. den 423 U.S. 990, 96 S.Ct. 402, 46 L.Ed.2d 308 (1975). See also People v. Garvin, 159 Mich.App. 38, 43-44, 406 ......
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