LEGAL QUESTION: DOES ESCAPE BY A CRIMINAL DEFENDANT WAIVE HIS APPEAL RIGHTS? If the escape is prior to the jury verdict is this a mistrial?
LEGAL QUESTION: DOES ESCAPE BY A CRIMINAL DEFENDANT WAIVE HIS APPEAL RIGHTS?
LawReader has been asked to answer the question about whether or not a criminal defendant waives his right to appeal if he escapes:
1. During the trial and before final verdict is issued.
2. After the verdict is entered.
We see a problem in the attorney signing appellate pleadings without verification by the defendant, but we find no clear authority for this situation.
We would suspect that if a defendant escapes that he waives his right to appeal. If he escapes before the jury enters a verdict, we Would believe there is a mistrial and there is no verdict to appeal.
Is it possible that when the defendant escapes while the jury is considering the verdict, that they may continue to deliberate and is it necessary for the defendant to be present when the verdict is read? It would appear that such an escape would waive his right to be present….
We would appreciate any opinions on this unusual question.
Stan Billingsley, Senior Editor LawReader.com