A person indicted for a misdemeanor, upon request in writing subscribed by him and entered in the journal, may be tried in his absence by a jury or by the court. No other person shall be tried unless personally present, but if a person indicted escapes or forfeits his recognizance after the jury is sworn, the trial shall proceed and the verdict be received and recorded. If the offense charged is a misdemeanor, judgment and sentence shall be pronounced as if he were personally present. If the offense charged is a felony, the case shall be continued until the accused appears in court, or is retaken.
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 1959–2024 · leading case: State v. Meade, 687 N.E.2d 278 (Ohio 1997).
State v. Meade, 687 N.E.2d 278 (Ohio 1997). · cites it 3דIn addition, the court of appeals’ determination is consistent with the mandates of R.C. 2945.12, which provides: “A person indicted for a misdemeanor, upon request in writing subscribed by him and entered in the journal, may be tried in his absence by a jury or by the court.”
State v. Taylor, 2022 Ohio 3611 (Ohio Ct. App. 2022). “43(A)(1) provides that “the defendant must be physically present at every stage of the criminal proceeding and trial, including * * * the imposition of sentence, except as otherwise provided by these rules.”
State v. Harris, 2023 Ohio 3271 (Ohio Ct. App. 2023). · cites it 2ד” That statute provides: A person indicted for a misdemeanor, upon request in writing subscribed by -17- him and entered in the journal, may be tried in his absence by a jury or by the court.”
State v. Anderson, 2024 Ohio 843 (Ohio Ct. App. 2024). · cites it 2דThe trial court permitted trial to continue, which included closing arguments, the jury charge, and the verdict.”
State v. Harrison, 623 N.E.2d 726 (Ohio Ct. App. 1993). · cites it 2דThe code provision then in effect, R.C. 2945.12, provided that, under such circumstance, the trial proceed to the entry of the verdict or finding by the court.”
State v. Lee, 2024 Ohio 1802 (Ohio Ct. App. 2024). “Although we extensively discussed Meade, we noted that Harris, by his voluntary conduct, had invited any error regarding the trial court’s decision to commence the trial in 3 Meade also references R.C. 2945.12, which provides that, in a felony case, a defendant cannot be tried…”
State v. Kirkland, 480 N.E.2d 85 (Ohio Ct. App. 1984). “He was, however, present for sentencing and now appeals from this conviction, 1 raising three assignments of error: I “The trial court committed prejudicial error by permitting the trial to proceed in the absence of appellant contrary to R.C. 2945.12, Criminal Rule 43(A),…”
State v. Chester, 2023 Ohio 2122 (Ohio Ct. App. 2023). “43(A)(1) provides that ‘the defendant must be physically present at every stage of the criminal proceeding and trial, including * * * the imposition of sentence, except as otherwise provided by these rules.”
State v. Sturgeon, 2013 Ohio 1389 (Ohio Ct. App. 2013). “I THE TRIAL COURT ERRED WHEN IT STARTED APPELLANT’S JURY TRIAL IN VIOLATION OF CRIMINAL RULE 43(A) AND R.C. 2945.12, WHEN IT DID NOT ADDRESS APPELLANT ON THE RECORD, AND WHEN IT DID NOT OBTAIN A WRITTEN WAIVER IN VIOLATION OF APPELLANT’S CONSTITUTIONAL RIGHTS.”
State v. Walker, 161 N.E.2d 521 (Ohio Ct. App. 1959). · cites it 6דThis procedure is in plain disregard of the provisions of Section 2945.12, Revised Code, as *335 to when accused may or may not be tried in his absence.”
State v. Workman, 2014 Ohio 258 (Ohio Ct. App. 2014). “See also R.C. 2945.12: A person indicted for a misdemeanor, upon request in writing subscribed by him and entered in the journal, may be tried in his absence by a jury or by the court.”
State v. Meade, 1997 Ohio 332 (Ohio 1997). · cites it 3ד6 January Term, 1997 In addition, the court of appeals’ determination is consistent with the mandates of R.C. 2945.12, which provides: “A person indicted for a misdemeanor, upon request in writing subscribed by him and entered in the journal, may be tried in his absence by a…”
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