What factors are relevant to the failure of a defendant to attend trial?

California, United States of America


The following excerpt is from Ogle v. Superior Court, 4 Cal.App.4th 1007, 6 Cal.Rptr.2d 205 (Cal. App. 1992):

Second, the Perez majority found "[t]he efforts of the district attorney's office to secure defendant's presence for trial far exceed those efforts held [4 Cal.App.4th 1019] sufficient to establish due diligence in the cases discussed above. We conclude the superior court abused its discretion in finding that the People failed to exercise due diligence in attempting to secure defendant's presence for trial." (People v. Perez, supra, 229 Cal.App.3d at p. 315, 279 Cal.Rptr. 915.) Here, the prosecution appeared to concede the police were not diligent in searching for Ogle; they apparently took no steps to find him.

Because the Kern County authorities failed to make any effort to arrest Ogle at his known address after Ogle failed to appear, the two-year delay was not "attributable to the defendant" within the meaning of Barker v. Wingo. Rather, the Barker v. Wingo factors were relevant to Ogle's failure to appear. The significance of his actions depends on his state of mind when he failed to appear, an issue raised by his testimony but not resolved by the municipal court.

Presumptive Prejudice

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Can a defendant be denied a fair trial when relevant evidence is excluded from the trial? (California, United States of America)
What factors are considered by the trial court in granting a motion to delay the trial of a defendant? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
Does a defendant have been denied a fair trial by allowing a witness support person to attend the trial? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.