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People v. Swan

People v. Swan, 231 N.W.2d 651 (Mich. 1975)
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Court
Michigan Supreme Court · State Highest Courts
Decided
July 23, 1975
Docket
No. 56847
Judges
Kavanagh, Williams, Levin, Coleman, Fitzgerald, Lindemer, Swainson
Citations
231 N.W.2d 651394 Mich. 4511975 Mich. LEXIS 246
Cited by 9

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1976: 11978: 11982: 21988: 11999: 12012: 12016: 12022: 119762026peak 1982 · 2

Relies on it most ⓘ

  1. People v. Gross324 N.W.2d 557 (Mich. Ct. App. 1982)
  2. People v. Buie825 N.W.2d 361 (Mich. Ct. App. 2012)
  3. People v. Travis271 N.W.2d 208 (Mich. Ct. App. 1978)
  4. People v. Miller329 N.W.2d 460 (Mich. Ct. App. 1982)
  5. People v. Woods432 N.W.2d 736 (Mich. Ct. App. 1988)
  6. People v. Washington602 N.W.2d 824 (Mich. 1999)

Most recent

  1. In re B Clark MinorNo. 358394 (Mich. Ct. App. June 23, 2022)
  2. People of Michigan v. Andrew Jackson JrNo. 328580 (Mich. Ct. App. Dec. 22, 2016)
  3. People v. Buie825 N.W.2d 361 (Mich. Ct. App. 2012)
  4. People v. Washington602 N.W.2d 824 (Mich. 1999)
  5. People v. Woods432 N.W.2d 736 (Mich. Ct. App. 1988)
  6. People v. Miller329 N.W.2d 460 (Mich. Ct. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Diaz v. United States, 223 U.S. 442 (1912) 869
Taylor v. United States, 414 U.S. 17 (1973) 512
People v. Gant, 109 N.W.2d 873 (Mich. 1961) 8
People v. Swan, 229 N.W.2d 476 (Mich. Ct. App. 1975) 6
Frey v. Calhoun Circuit Judge, 107 Mich. 130 (1895) 19
Frey v. Circuit Judge, 64 N.W. 1047 (Mich. 1895) 13

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