Byrd v. Ricketts, 213 S.E.2d 610 (Ga. 1975). · Go Syfert
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Byrd v. Ricketts, 213 S.E.2d 610 (Ga. 1975). Cases Citing This Book View Copy Cite
“the voluntary absence of the accused waives his right to be present when sentence is imposed”
88 citation events (20 in the last 25 years) across 13 distinct courts.
Strongest positive: Stacey v. State (gactapp, 2002-03-26)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited as authority (quoted) Stacey v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2002 · quote attribution · 1 verbatim quote · confidence low
the voluntary absence of the accused waives his right to be present when sentence is imposed
discussed Cited as authority (rule) Hill v. State
Ga. · 2012 · confidence medium
“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial. [Cits.]” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2011 · confidence medium
Compare Harris v. State, 261 Ga. 859, 860-61 (2) ( 413 SE2d 439 ) (1992) (holding that the trial court lacked the authority to increase the previously ordered restitution amount without the defendant’s consent once the defendant had begun serving his sentence). 3 Cf. OCGA § 42-8-34 (g) (“The judge is empowered to ... , in any manner deemed advisable by the judge, modify or change the probated sentence ... at any time during the period of time prescribed for the probated sentence to run.”). 4 See, e.g., Hampton v. State, 282 Ga. 490, 491-92 (2) (a) ( 651 SE2d 698 ) (2007) (“The United …
discussed Cited as authority (rule) Tweedy v. State (2×)
Md. · 2004 · confidence medium
See, e.g., People v. Williams, 24 Cal.2d 848 , 151 P.2d 244, 247 (1944); Capuzzo v. State, 596 So.2d 438, 440 (Fla.1992); Byrd v. Ricketts, 233 Ga. 779 , 213 S.E.2d 610, 611 (1975); State v. Fry, 61 Haw. 226 , 602 P.2d 13, 17 (1979); People v. Nielson, 187 Ill.2d 271 , 240 Ill.Dec. 650 , 718 N.E.2d 131, 145 (1999); Harrison v. State, 707 N.E.2d 767 (Ind.1999); Carter v. Commonwealth, 782 S.W.2d 597, 602 (Ky.1989); People v. Palmerton, 200 Mich.App. 302 , 503 N.W.2d 663, 664 (1993); People v. Corley, 67 N.Y.2d 105 , 500 N.Y.S.2d 633 , 491 N.E.2d 1090, 1092 (1986); State v. Wanosik, 31 P.3d 615,…
discussed Cited as authority (rule) Estep v. State
Ga. Ct. App. · 1999 · confidence medium
As our appellate courts have repeatedly held “[c]onfrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial.” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
cited Cited as authority (rule) Yancey v. State
Ga. Ct. App. · 1995 · confidence medium
See Taylor v. United States, 414 U. S. 17 (94 SC 194, 38 LE2d 174) (1973); Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited as authority (rule) Gee v. State
Ga. Ct. App. · 1994 · confidence medium
“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial. [Cits.]” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited as authority (rule) Winfield v. State
Ga. Ct. App. · 1993 · confidence medium
“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial.” (Citations omitted.) Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited as authority (rule) Collins v. State
Ga. Ct. App. · 1991 · confidence medium
“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial. [Cits.] . . . [T]he voluntary absence of the accused waives his right to be present when sentence is *72 imposed. [Cits.]” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited as authority (rule) Sawyers v. State
Ga. Ct. App. · 1990 · confidence medium
“Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial.” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1987 · confidence medium
“Confrontation rights are personal to the accused and are waived when the accused . . . voluntarily absents himself from the trial.” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ), cert. den. 442 U. S. 1011 (95 SC 2636, 45 LE2d 675); Croy v. State, 168 Ga. App. 241 ( 308 SE2d 568 ).
cited Cited as authority (rule) Head v. Commonwealth
Va. Ct. App. · 1986 · confidence medium
App. 3d 109, 114 , 406 N.E.2d 199, 202 (1980); Byrd v. Ricketts, 233 Ga. 779, 780 , 213 S.E.2d 610, 611 (1975); People v. Rife, 18 Ill.
discussed Cited as authority (rule) Pollard v. State
Ga. Ct. App. · 1985 · confidence medium
In Taylor v. United States, 414 U. S. 17, 20 (94 SC 194, 38 LE2d 174) (1973), the U. S. Supreme Court stated that “[t]he right at issue is the right to be present, and the question becomes whether that right was effectively waived by [appellant’s] voluntary absence.” In Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975), our Supreme Court stated that “ [confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial.” Taylor, Byrd, and the many cases that followed (e.g., State v. Phillips, 247 Ga.…
discussed Cited as authority (rule) Croy v. State
Ga. Ct. App. · 1983 · confidence medium
Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial. [Cits.]” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ), cert. denied 422 U. S. 1011 (95 SC 2636, 45 LE2d 675). 2.
examined Cited as authority (rule) State v. Phillips (4×)
Ga. · 1981 · confidence medium
(B) "Confrontation rights are personal to the accused ..." Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975); see also United States v. Johnson, 562 F2d 649, 662 (fn. 5) (D.C.
discussed Cited as authority (rule) Golden v. State
Ga. Ct. App. · 1978 · confidence medium
Quillian, P. J., and McMurray, J., concur. 1 Sentence was pronounced in the defendant’s absence pursuant to the authority of Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975). 2 This is the rule in at least one other jurisdiction. " 'Where a defendant has been convicted and appeals from the judgment and sentence, this court will not consider his appeal unless defendant is where he can be made to respond to any judgment or order which may be rendered in the case; and where he leaves the state and is convicted of crime in another state, pending the determination of his appeal, this co…
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1976 · confidence medium
App. 3d 602 ( 310 NE2d 179 ) (1974); State v. Kelly, 213 Kan. 230 ( 515 P2d 1030 ) (1973); People v. White, 18 Cal. App. 3d 44 ( 95 Cal. Rptr. 576 ) (1971); People v. Colon, 66 Misc. 2d 956 ( 322 NYS2d 907 ) (1971).” Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ).
discussed Cited "see" Cesari v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975).
discussed Cited "see" Fictum v. State (2×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See Byrd v. Ricketts, 233 Ga. 779 ( 213 SE2d 610 ) (1975); Miller v. State, 122 Ga. App. 869 (1) ( 179 SE2d 265 ) (1970); Vicks v. State, 42 Ga. App. 451 ( 156 SE 729 ) (1931).
discussed Cited "see" Camp v. State (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
See Byrd v. Ricketts, 233 Ga. 779 ( 213 SE2d 610 ).
discussed Cited "see, e.g." Worthen v. the State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
See also Byrd v. Ricketts, 233 Ga. 779, 780 ( 213 SE2d 610 ) (1975) (finding no violation of right to be present where defendant “voluntarily absents himself from the trial”). 2.
examined Cited "see, e.g." Manus v. State (4×)
Ga. Ct. App. · 1986 · signal: see also · confidence low
See also Byrd v. Ricketts, 233 Ga. 779 ( 213 SE2d 610 ) (1975), and Croy v. State, 168 Ga. App. 241 ( 308 SE2d 568 ) (1983), for the rule that a defendant who is out on bail and voluntarily absents himself from trial waives his right of confrontation. 2.
Byrd
v.
Ricketts
29189.
Supreme Court of Georgia.
Feb 4, 1975.
213 S.E.2d 610
Edwin M. Saginar, for appellant., Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, Larry H. Evans, Deputy Assistant Attorney General, for appellee.
Gunter.
Cited by 42 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 93%
Citer courts: Court of Appeals of Georgia (1)
Gunter, Justice.

This appeal is from a habeas corpus judgment that remanded the appellant to custody. We affirm that judgment.

The appellant was indicted for three armed robberies[*780] which were allegedly committed on February 23, 1973. The appellant was admitted to bail; he was present when his case was called for trial and pled not guilty; he was represented by counsel, and he and his counsel selected a jury; court was adjourned for the noon recess, and after recess, appellant did not reappear; the trial judge ordered the trial to proceed on the ground that the accused had voluntarily absented himself from his trial; appellant’s counsel represented him throughout the trial even though the appellant was not present; the jury found the appellant guilty on all three counts of the indictment; after deliberating about two hours the jury could not reach sentence verdicts; the trial judge then took the case from the jury and imposed sentences on each count to run consecutively; appellant’s counsel filed a motion for a new trial which was later overruled because appellant was still a fugitive; no appeal was taken; appellant was apprehended in Ohio several months later and returned to custody in Georgia; and he then filed his application for a writ of habeas corpus.

Appellant argues that it was error to try him and sentence him in his absence. He claims that his confrontation rights, guaranteed by both the Georgia and Federal Constitutions were violated. Confrontation rights are personal to the accused and are waived when the accused is free on bail and voluntarily absents himself from the trial. See Wilson v. State, 212 Ga. 73 (90 SE2d 557) (1955); Frank v. State, 142 Ga. 741 (83 SE 645) (1914); Cawthon v. State, 119 Ga. 395 (46 SE 897) (1903); Miller v. State, 122 Ga. App. 869 (179 SE2d 265) (1970); Vicks v. State, 42 Ga. App. 451 (156 SE 729) (1931); Diaz v. United States, 223 U. S. 442 (32 SC 250, 56 LE 500) (1912); Taylor v. United States, 414 U. S. 17 (94 SC 194,38 LE2d 174) (1973).

On the issue of imposing sentence in the absence of the accused, and when the accused has voluntarily absented himself, we find no Georgia case directly in point. However, there is considerable authority to the effect that the voluntary absence of the accused waives his right to be present when sentence is imposed. See People v. Rife, 18 Ill. App. 3d 602 (310 NE2d 179) (1974); State v. Kelly, 213 Kan. 230 (515 P2d 1030) (1973); People v.[*781] White, 18 Cal. App. 3d 44 (95 Cal. Rptr. 576) (1971); People v. Colon, 66 Misc. 2d 956 (322 NYS2d 907) (1971).

Argued September 11, 1974 Decided February 4, 1975 Rehearing denied February 25, 1975. Edwin M. Saginar, for appellant. Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, Larry H. Evans, Deputy Assistant Attorney General, for appellee.

The other enumerated errors are without merit.

Judgment affirmed.

All the Justices concur.