Stacey v. State

In 1997, then eighteen-year-old Rodney Lee Stacey was indicted in Newton County for burglary. He entered a plea of not guilty, and the case went to trial in superior court. Stacey was represented by counsel, and he and his attorney conducted voir dire. When the trial court adjourned the proceedings for the evening, a jury had been selected but not sworn. The record shows that “Mr. Stacey was sitting in court when the judge personally advised him, Mr. Kelly defense counsel, and all persons involved to be back the next morning to commence the trial.”

Stacey did not return the next morning. Under the authority of Byrd v. Ricketts,1 however, the court ordered the trial to proceed on the ground that the accused had voluntarily absented himself from his trial. A bench warrant was issued, and the jury was then sworn. Defense counsel represented Stacey throughout the trial, and the jury returned a guilty verdict. The trial court then imposed sentence. Several days later, Stacey was apprehended in Newton County. Apparently, “Listening to the advice of some of his friends is the reason he didn’t show up.” Held: