Josephson v. Commonwealth

Syllabus

12/12/2024 The Court of Appeals dismissed a criminal defendant's appeal under the fugitive disentitlement doctrine, holding that he forfeited his right to appellate review of his criminal conviction when he absconded from probation during the pendency of the appeal. Applying the three-part test that governs the application of the fugitive disentitlement doctrine: (1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant's status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine. Here, these requirements are met, and the judgment is affirmed.