Taylor v. United States, 414 U.S. 17 (1973)

Taylor v. United States


No. 72-6915


Decided November 5, 1973
414 U.S. 17

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

Syllabus

Petitioner effectively waived his right to be present at his criminal trial by voluntarily absenting himself therefrom through failure to return to the courtroom after the morning session of the first day of trial, and the Court of Appeals properly applied Fed.Rule Crim.Proc. 43 and affirmed the conviction, it being unnecessary to show that petitioner knew or had been expressly warned by the trial court not only that he had a right to be present, but also that the trial would continue in his absence, and thereby effectively foreclose his right to testify and to confront personally the witnesses against him. Diaz v. United States, 223 U.S. 442.

Certiorari granted; 478 F.2d 689, affirmed.