LaGON v. THE STATE
334 Ga. App. 14
Ga. Ct. App.2015Background
- Victim (12–13) alleged multiple sexual assaults by Shelton LaGon at her grandmother’s home across several occasions in 2012; family members, a detective, a pediatric nurse, and a recorded forensic interview supported the prosecution.
- LaGon (indigent) was arrested Jan 2013, appointed counsel who had represented him earlier and worked on the case for ~19 months; indicted on statutory rape, aggravated child molestation, child molestation, and aggravated sexual battery; convicted by a jury and denied a new trial.
- On the morning trial began LaGon demanded new counsel, complaining counsel had not taken certain investigative steps; the trial court denied the request after finding counsel had made reasonable tactical decisions and afforded LaGon access to recordings before trial.
- LaGon repeatedly refused to enter the courtroom for the first three trial days while in custody, threatened to resist physically if forced to attend, then attended and testified on the fourth day; the court instructed jurors not to consider his absence.
- The State produced victim medical records late (second day); defense received them before cross-examining the victim on the third day; LaGon moved for a continuance which was denied.
- LaGon appealed, raising: (1) denial of new counsel, (2) proceeding/start of trial in his absence, and (3) denial of a continuance for late discovery production; the Court of Appeals affirmed.
Issues
| Issue | LaGon’s Argument | State’s Argument | Held |
|---|---|---|---|
| Denial of request to discharge appointed counsel | Counsel refused investigative steps and access to recordings; requested new counsel on trial day | Counsel had worked on case, made tactical choices, and plaintiff delayed request to trial day | Court affirmed: trial court didn’t abuse discretion; no objective grounds outweighing countervailing considerations (Hulett standard) |
| Proceeding while defendant absent (first three days) | Jail blocked his attendance; trial court violated right to be present | LaGon voluntarily refused to attend despite repeated advisals; waiver via voluntary absence | Court affirmed: sufficient evidence he voluntarily absented himself; right waived; proceedings properly continued |
| Starting trial in his absence (jury empaneled after he refused to enter) | Waiver principles shouldn’t apply because trial started without him; must delay if defendant not present | Defendant was in custody, repeatedly warned, threatened force if compelled; court may treat as waiver when defendant in custody and refuses to attend | Court affirmed: trial court may begin trial when a custodial defendant, after being warned, refuses attendance and would require forcible removal |
| Denial of continuance for late medical records | Late disclosure prejudiced defense and warranted continuance | Records were provided before cross-exam and defense had time to review; no proffer of content or harm | Court affirmed: defendant failed to show harm from late production; denial not reversible |
Key Cases Cited
- Allen v. United States, 397 U.S. 337 (U.S. 1970) (trial judges have discretion to manage disruptive defendants and may find waiver of right to be present)
- Hulett v. State, 296 Ga. 49 (Ga. 2014) (standard: indigent defendant has no absolute right to appointed counsel of choice; discharge is discretionary and requires objective grounds outweighing countervailing considerations)
- Coley v. State, 272 Ga. App. 446 (Ga. Ct. App. 2005) (defendant’s voluntary absence constitutes waiver of the right to be present)
- United States v. Benabe, 654 F.3d 753 (7th Cir. 2011) (court did not err removing disruptive defendants before jury selection; defendants’ removal did not violate right to be present)