Mississippi Code
Miss. Code Ann. § 99-17-9 (2026)
Trial in the absence of accused
✓ current as of July 2026
In criminal cases the presence of the prisoner may be waived (a) if the defendant is in custody and consenting thereto, or (b) is on recognizance or bail, has been arrested and escaped, or has been notified in writing by the proper officer of the pendency of the indictment against him, and resisted or fled, or refused to be taken, or is in any way in default for nonappearance, the trial may progress at the discretion of the court, and judgment made final and sentence awarded as though such defendant were personally present in court.
Codes, 1857, ch. 64, art. 303; 1871, § 2807; 1880, § 3075; 1892, § 1422; 1906, § 1495; Hemingway's 1917, § 1253; 1930, § 1276; 1942, § 2519; Laws, 2005, ch. 456, § 1, eff. 7/1/2005.
Notes of Decisions
Cited in 59
cases (5 in the last 5 years), 1978–2024 · leading case: Wales v. State, 73 So. 3d 1113 (Miss. 2011).
Wales v. State, 73 So. 3d 1113 (Miss. 2011). “See Miss.Code Ann. § 99-17-9 (Rev.2007). Defense counsel objected to Wales being tried in absentia and requested a continuance.”
Sandoval v. State, 631 So. 2d 159 (Miss. 1994). “They write that Miss. Code Ann. § 99-17-9 (1972) clearly states the waiver rule in felony cases "if he be in custody and consenting thereto" and then makes an exception for misdemeanors.”
Alvin C. Wilson v. State of Mississippi, 267 So. 3d 264 (Miss. 2019). “Miss. Code Ann. § 99-17-9 (Rev. 2015). The trial court's discretion under Section 99-17-9 is "limited by the fact that a felony defendant has a constitutional right to be present at trial.”
Jefferson v. State, 807 So. 2d 1222 (Miss. 2002). “Section 99-17-9 states: In criminal cases the presence of the prisoner may be waived, and the trial progress, at the discretion of the court, in his absence, if he be in custody and consenting thereto.”
Jackson v. State, 689 So. 2d 760 (Miss. 1997). “Miss. Code Ann. § 99-17-9 (1972), entitled Trial in the absence of accused, reads: In criminal cases the presence of the prisoner may be waived, and the trial progress, at the discretion of the court, in his absence, if he be in custody and consenting thereto.”
Jay v. State, 25 So. 3d 257 (Miss. 2009). “trolled by Section 99-17-9 of the Mississippi Code, which states: In criminal cases the presence of the prisoner may be waived (a) if the defendant is in custody and consenting thereto, or (b) is on recognizance or bail, has been arrested and escaped, or has been notified in…”
Deldrick Lamont Carroll v. State of Mississippi, 196 So. 3d 1054 (Miss. Ct. App. 2016). “Carroll filed a motion for a new trial, which the trial court denied. Carroll now appeals.”
Blanchard v. State, 55 So. 3d 1074 (Miss. 2011). “n recognizance or bail, has been arrested and escaped, or has been notified in writing by the proper officer of the pendency of the indictment against him, and resisted or fled, or refused to be taken, or is in any way in default for nonappearance, the trial may progress at the…”
Arnold v. State, 93 So. 3d 908 (Miss. Ct. App. 2012). “]” Miss.Code Ann. § 99-17-9 (Rev.2007). In Wales v.”
Haynes v. State, 208 So. 3d 4 (Miss. Ct. App. 2016). “Miss. Code Ann. § 99-17-9 (Rev. 2015) (“the trial may progress at the discretion of the court”); Wales v.”
Robinson v. State, 66 So. 3d 198 (Miss. Ct. App. 2011). “ss than felony,” was omitted from the section, which now provides that: In criminal cases the presence of the prisoner may be waived (a) if the defendant is in custody and consenting thereto, or (b) is on recognizance or bail, has been arrested and escaped, or has been notified…”
Simmons v. State, 746 So. 2d 302 (Miss. 1999). “Miss.Code Ann. § 99-17-9 (1994), which is entitled "Trial in the absence of accused," provides: In criminal cases the presence of the prisoner may be waived, and the trial progress, at the discretion of the court, in his absence if he be in custody, and consenting thereto.”
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