· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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