State v. Reed, 992 P.2d 1132 (Ariz. Ct. App. 1999). · Go Syfert
State v. Reed, 992 P.2d 1132 (Ariz. Ct. App. 1999). Cases Citing This Book View Copy Cite
“epending on the circumstances, absence occasioned by attempted suicide may be a voluntary waiver of the right to be present at trial.”
48 citation events (48 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Rowan (arizctapp, 2022-09-06)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 20 distinct citers.
examined Cited as authority (verbatim quote) State v. Rowan (4×) also: Cited as authority (rule), Cited "see"
Ariz. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
epending on the circumstances, absence occasioned by attempted suicide may be a voluntary waiver of the right to be present at trial.
examined Cited as authority (verbatim quote) State v. Dillion (6×) also: Cited as authority (rule), Cited "see"
Ariz. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
epending on the circumstances, absence occasioned by attempted suicide may be a voluntary waiver of the right to be present at trial.
cited Cited as authority (rule) State of Arizona v. Analysya Contreras
Ariz. Ct. App. · 2024 · confidence medium
P. 19.2; State v. Reed, 196 Ariz. 37, ¶ 3 (App. 1999); see also U.S. 1State v. Donald, 198 Ariz. 406 (App. 2000). 5 STATE v. CONTRERAS Opinion of the Court Const. amends.
cited Cited as authority (rule) State v. Hunt
Ariz. Ct. App. · 2024 · confidence medium
State v. Reed, 196 Ariz. 37, 39, ¶ 3 (App. 1999).
examined Cited as authority (rule) State v. Benitez (4×) also: Cited "see"
Ariz. Ct. App. · 2021 · confidence medium
Though criminal defendants have a constitutional right to be present at trial, they “may voluntarily relinquish the right to attend trial.” State v. Reed, 196 Ariz. 37, 38, ¶ 3 (App. 1999) (quotation omitted); see also U.S. Const. amend.
discussed Cited as authority (rule) State v. Blomdahl (2×) also: Cited "see"
Ariz. Ct. App. · 2021 · confidence medium
State v. Reed, 196 Ariz. 37, 38, ¶ 2 (App. 1999). ¶16 Here, as the hearing on Blomdahl’s motions began, he refused to be transported from custody.
examined Cited as authority (rule) State v. Benitez (4×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
Though criminal defendants have a constitutional right to be present at trial, they “may voluntarily relinquish the right to attend trial.” State v. Reed, 196 Ariz. 37, 38, ¶ 3 (App. 1999) (quotation omitted); see also U.S. Const. amend.
examined Cited as authority (rule) State v. Rea (3×) also: Cited "see"
Ariz. Ct. App. · 2019 · confidence medium
Standard of Review ¶8 Generally, “[w]e review the trial court’s determination of a defendant’s voluntary or involuntary absence for an abuse of discretion.” State v. Reed, 196 Ariz. 37, 38, ¶ 2 (App. 1999).
discussed Cited as authority (rule) Anthony, John Dennis Clayton
Tex. App. · 2015 · confidence medium
Although a suicide attempt could be deemed voluntary in some circumstances, a suicide attempt could also be an involuntary product of mental illness."); State v. Reed, 992 P.2d 1132, 1134 (Ariz. Ct. App. 1999) (disagreeing with cases that purport to hold "that all absences resulting from attempted suicide are a voluntary waiver of the defendant's right to attend trial," but crediting doctor's testimony that this defendant, although depressed was not psychotic, and he understood what he was doing when he decided "`to abort his trial by killing himself'" with an unsuccessful suicide attempt). […
discussed Cited as authority (rule) State v. Faccio (2×)
Ariz. Ct. App. · 2014 · confidence medium
State v. Reed, 196 Ariz. 37, 39, ¶ 3 , 992 P.2d 1132, 1134 (App. 1999). ¶11 Faccio was present at the hearing setting the trial date and time and thus had personal knowledge of the time set for trial.
discussed Cited as authority (rule) Brown, David Earl
Tex. Crim. App. · 2014 · confidence medium
Although a suicide attempt could be deemed voluntary in some circumstances, a suicide attempt could also be an involuntary product of mental illness."); State v. Reed , 992 P.2d 1132, 1134 (Ariz. Ct. App. 1999) (disagreeing with cases that purport to hold "that all absences resulting from attempted suicide are a voluntary waiver of the defendant's right to attend trial," but crediting doctor's testimony that this defendant, although depressed was not psychotic, and he understood what he was doing when he decided "'to abort his trial by killing himself'" with an unsuccessful suicide attempt). 3…
discussed Cited as authority (rule) Brown, David Earl
Tex. Crim. App. · 2014 · confidence medium
He was indisputably not capable of assisting in his own defense at that time.4 I agree that this evidence was sufficient to raise an issue of possible incompetency State v. Reed, 992 P.2d 1132, 1134 (Ariz. Ct. App. 1999) (disagreeing with cases that purport to hold “that all absences resulting from attempted suicide are a voluntary waiver of the defendant’s right to attend trial,” but crediting doctor’s testimony that this defendant, although depressed was not psychotic, and he understood what he was doing when he decided “‘to abort his trial by killing himself’” with an unsucc…
discussed Cited as authority (rule) In re MH 2006-000749 (2×)
Ariz. Ct. App. · 2007 · confidence medium
Id. at 601-02 , 606 P.2d at 817-18 ; cf. State v. Amaya-Ruiz, 166 Ariz. 152, 175 , 800 P.2d 1260, 1283 (1990) (criminal defendant may waive right to be present at presentence hearing); State v. Reed, 196 Ariz. 37, 38, ¶ 3 , 992 P.2d 1132, 1133 (App.1999) (criminal defendant may voluntarily waive right to be present at trial). ¶ 19 Our conclusion that section 36-539 does not foreclose a patient from waiving her appearance at an involuntary treatment hearing is buttressed by the fact that a contrary reading of the statute would lead to an absurd result.
discussed Cited as authority (rule) State v. Walker (2×)
Ariz. Ct. App. · 2004 · confidence medium
State v. Reed, 196 Ariz. 37, 38-39, ¶ 3 , 992 P.2d 1132, 1133-34 (App.1999); State v. Suniga, 145 Ariz. 389, 392 , 701 P.2d 1197, 1200 (App.1985). ¶41 Fourth, if the defendant’s failure to communicate with his attorney is sufficiently egregious, lack of knowledge of the trial date based on communication failure can be deemed to be a voluntary waiver of the right to appear.
examined Cited as authority (rule) State v. Whitley (3×) also: Cited "see, e.g."
Ariz. Ct. App. · 2004 · confidence medium
DISCUSSION ¶ 4 "We review the trial court's determination of a defendant's voluntary or involuntary absence for an abuse of discretion." State v. Reed, 196 Ariz. 37, 38 , 992 P.2d 1132, 1133 (App.1999); see also State v. Muniz-Caudillo, 185 Ariz. 261, 262 , 914 P.2d 1353, 1354 (App.1996) (reviewing the trial court's decision to go forward with the defendant's trial in absentia for abuse of discretion). ¶ 5 Criminal defendants possess a constitutional and procedural right to be physically present for the return of jury verdicts.
discussed Cited "see" State of Arizona v. Steven Ricardo Vallejo (2×)
Ariz. Ct. App. · 2025 · signal: see · confidence high
See State v. Reed, 196 Ariz. 37, ¶ 3 (App. 1999).
discussed Cited "see" State of Arizona v. Dewayne Esaw
Ariz. Ct. App. · 2024 · signal: see · confidence high
See State v. Reed, 196 Ariz. 37, ¶ 3 (App. 1999) (Sixth Amendment guarantees right to be present at trial; waiver of right to be present may be inferred pursuant to Rule 9.1.).
cited Cited "see" State v. Ruelas
Ariz. Ct. App. · 2022 · signal: see · confidence high
P. 9.1; see State v. Reed, 196 Ariz. 37 , 38–39, ¶ 3 (App. 1999) (citation omitted).
cited Cited "see" State v. Washington
Ariz. Ct. App. · 2018 · signal: see · confidence high
See State v. Reed, 196 Ariz. 37 , 38–39 (App. 1999); see also Washington, 2018 WL 2016790 , at *1, ¶ 4.
cited Cited "see" State v. Young
Ariz. Ct. App. · 2018 · signal: see · confidence high
See State v. Reed, 196 Ariz. 37, 38, ¶ 3 (App. 1999); see also Ariz. R.
The STATE of Arizona, Appellee,
v.
Russell Norman REED, Appellant
2 CA-CR 98-0106.
Court of Appeals of Arizona.
Apr 13, 1999.
992 P.2d 1132
Janet Napolitano, Arizona Attorney General By Paul J. McMurdie and Diane M. Acosta, Tucson, Attorneys for Appellee., Susan A. Kettlewell, Pima County Public Defender By Kristine Maish, Tucson, Attorneys for Appellant.
Flórez, Druke, Pelander.
Cited by 21 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Court of Appeals of Arizona (1)

OPINION

FLÓREZ, Judge.

¶ 1 Following a two-day jury trial, appellant Russell Norman Reed was convicted of one count of fraudulent scheme and artifice and one count of theft by control or misrepresentation. The trial court sentenced him to 15.75 years’ imprisonment. On appeal, he raises two issues, neither of which merits reversal.

ABSENCE FROM TRIAL

¶2 Appellant was present on the first day of his trial. The state had rested its case that afternoon. Appellant did not appear on the second day of trial. His counsel waived his presence for the settling of jury instructions at the beginning of that day and made no objection to the resumption of the jury trial itself about 11:00 a.m. After the jury found him guilty of both charges, appellant filed a motion for new trial based on his absence, claiming it was involuntary. At the evidentiary hearing on the motion, defense counsel told the trial court that appellant had attempted suicide by cutting his wrists around 10:00 am. on the second day of trial and that appellant had been admitted to a hospital “on an emergency basis in a comatose state” at 11:47 a.m. The court denied the motion, finding appellant’s absence was voluntary. We review the trial court’s determination of a defendant’s voluntary or involuntary absence for an abuse of discretion. State v. Muniz-Caudillo, 185 Ariz. 261, 914 P.2d 1353(App.1996).

¶ 3 The Sixth Amendment to the United States Constitution as applied to the states through the Fourteenth Amendment, and article II, § 24, of the Arizona Constitution, establish and protect a defendant’s right to be present at his trial. However, “[a] defendant may voluntarily relinquish the right to attend trial.” State v. Garcia-Contreras, 191 Ariz. 144, ¶9, 953 P.2d 536, ¶9 (1998). Rule 9.1, Ariz. R.Crim. P., 16A[*39] A.R.S., provides that “[t]he court may infer that an absence is voluntary if the defendant had personal notice of the time of the proceeding, the right to be present at it, and a warning that the proceeding would go forward in his or her absence should he or she fail to appear.” The defendant has the burden of establishing that his absence was involuntary. State v. Suniga, 145 Ariz. 389, 701 P.2d 1197 (App.1985).

¶ 4 Appellant does not argue that he did not have notice of the trial date or his right to be present at trial, or that he did not know the trial would go forward if he failed to appear. When appellant was absent on the second day of trial, defense counsel did not provide the court with any information about appellant’s absence and did not object to the resumption of the trial. Thus, the trial court was entitled to initially rely on the inference that Rule 9.1 permits and to proceed with the second day of trial. See State v. Sainz, 186 Ariz. 470, 924 P.2d 474 (App.1996) (no error in proceeding with trial when trial court unaware defendant had been arrested and was in custody). However, if the defendant provides subsequent information to overcome the inference that his absence was voluntary, the trial court must consider that information. Sainz. Here, the trial court clearly did consider the information at the hearing on appellant’s motion for new trial. See Brewer v. Raines, 670 F.2d 117 (9th Cir. 1982). Two expert witnesses testified at that hearing regarding appellant’s mental condition. Dr. Geffen, a psychologist, testified that appellant was not competent to waive his right to be present on the second day of his trial. In contrast, Dr. LaWall, a psychiatrist, testified that appellant made a rational decision to “abort his trial by killing himself.” The trial court adopted Dr. LaWall’s evaluation of appellant’s mental state concerning the suicide attempt and denied the motion for new trial. The question we must address is whether a defendant’s suicide attempt and consequent hospitalization necessarily constitute an involuntary absence from trial.

¶ 5 This is a ease of first impression in this state. Other jurisdictions have found that a suicide attempt and consequent hospitalization may constitute a voluntary waiver of a defendant’s right to be present at his or her trial. In United States v. Davis, 61 F.3d 291 (5th Cir.1995), for example, the defendant attended the first week of trial, but then ingested fifty antidepressant pills in a suicide attempt. The district court found the defendant’s resulting absence a voluntary waiver of her right to be present at trial, and the Fifth Circuit Court of Appeals affirmed, stating, “[a] defendant cannot disrupt a trial” because the defendant does “not wish to face trial and the prospect of a conviction.” Id. at 303.

¶ 6 The defendant in Bottom v. State, 860 S.W.2d 266 (Tex.App.1993), was present at trial until the state rested. He then attempted suicide and was hospitalized. After a hearing, the court determined that the defendant was competent to stand trial and found that he had voluntarily waived his right to appear “because he chose to ingest large quantities of aspirin and arthritis medication. Because [he] chose to act in this way, his absence was voluntary.” Id. at 267. Attempted suicide is not “some sudden unexpected medical emergency.” Id.

¶ 7 To the extent that these cases stand for the proposition that all absences resulting from attempted suicide are a voluntary waiver of the defendant’s right to attend trial, we cannot agree. We believe instead that, depending on the circumstances, absence occasioned by attempted suicide may be a voluntary waiver of the right to be present at trial. Here, Dr. LaWall testified that appellant, though depressed, was not psychotic; he was able to understand the proceedings against him, and he understood what he was doing when he decided “to abort his trial by killing himself.” Because appellant made a voluntary decision to try to end his life and thereby avoid his trial, the trial court did not err in finding that his suicide attempt and consequent hospitalization constituted a voluntary waiver of his right to be present at the remainder of his trial.

¶ 8 Appellant also contends the trial court erred in refusing to give a jury instruction on the defense of duress. A defendant is entitled to a jury instruction on any defense theory as supported by the evidence. State v. Belyeu, 164 Ariz. 586, 795 P.2d 229[*40] (App.1990). Defense counsel, as a part of appellant’s trial strategy, had admitted in opening statement that appellant had forged the checks to pay gambling debts and had indicated that appellant feared his gambling creditors who had threatened him and his family. A police detective testified that appellant had admitted writing the checks to pay off gambling debts.

¶ 9 The defense of duress, codified in A.R.S. § 13-412, states in pertinent part:

A. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.
B. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.

¶ 10 Having voluntarily absented himself from the trial, of course, appellant did not testify. The evidence that was presented did not show that appellant faced “the threat or use of immediate physical force against his person or the person of another” when he forged the several checks for small amounts at various times and places. There was no evidence of “present, imminent, and impending” duress. State v. Jones, 119 Ariz. 555, 558, 582 P.2d 645, 648 (App.1978). In this case, the evidence showed only that appellant might have had gambling debts. This is not sufficient to warrant a duress instruction. See State v. Walker, 185 Ariz. 228, 240, 914 P.2d 1320, 1332 (App.1996) (even assuming statements were threats, no immediate threat where individual indicated to defendant that “he was a Mafia associate, thus implying a capacity for violence”). The trial court did not err in refusing appellant’s proposed jury instruction.

¶ 11 Appellant’s conviction and the sentence imposed are affirmed.

CONCURRING: WILLIAM E. DRUKE, Chief Judge, and JOHN PELANDER, Presiding Judge.