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· 4/12/1999

Todd Smith v. Louis F. Mann, Warden, Shawangunk Correctional Facility

Citations

  • 173 F.3d 73
  • 1999 U.S. App. LEXIS 6567
  • 1999 WL 198978

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “nothing in the Constitution prohibits a trial from being commenced in the defendant’s absence so long as the defendant knowingly and voluntarily waives his right to be present”
  • noting that the presumption of correctness applies to decisions regarding witness credibility
  • explaining that proceeding in absentia is constitutionally permissible where the record establishes that a defendant “knew the precise time and place he was to appear” and then “voluntarily absented himself . . . without some sound reason for remaining away” (citation modified)
  • distinguishing Crosby in finding \that in some situations the requisite knowledge can be conclusively found even if the defendant is not present when the trial begins\
  • presumption of correctness afforded to state-court findings applies to \the credibility of the witnesses narrating\ historical facts

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Cabranes, Tsoucalas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.