People v. Liss, 968 N.E.2d 154

Defendant Joseph P. Liss was indicted for forgery (writing a check to himself from his father’s account).
Trial occurred in July 2010 while Liss was absent; a jury found him guilty and he was sentenced to seven years, extended due to prior record.
Arraignment included admonitions about confrontation rights and the potential for trial in his absence if he failed to appear.
Liss had earlier been released on a personal recognizance bond with supervision; he ultimately did not attend the July 23 pretrial and trial proceedings.
On appeal, Liss argued trial in absentia violated his right to be present and that admonitions about waiving confrontation rights were insufficient.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial in absentia violated right to be present	Liss contends absence at start violated rights.	Liss argues no waiver validly occurred without presence.	No federal violation; waiver valid under Illinois statute
Whether admonitions adequately warned of waiver of confrontation rights	Admonitions did not clearly warn of waiver consequences.	Any failure to specify confrontation waiver was substantial compliance.	Substantial compliance; admonitions sufficient
Constitutional scope of trial in absentia under state and federal law	Federal Rule 43 prohibits absentia in some contexts.	State statute permits absentia with valid waiver.	Illinois framework withstands challenge; no constitutional violation

People v. Breedlove, 213 Ill. 2d 509 (2004) (pure questions of law reviewed de novo)
Phillips v. People, 242 Ill. 2d 189 (2011) (waiver rules for absentia and confrontation rights)
Partee v. People, 125 Ill. 2d 24 (1988) (statutory framework for absentia balancing rights)
Maya v. People, 105 Ill. 2d 281 (1985) (absence without justification and trial in absentia)
Smith v. Mann, 173 F.3d 73 (2d Cir. 1999) (federal precedent on waiver in absence)
Clark v. State, 96 Ill. App. 3d 491 (1981) (absentia as a permitted extension of waiver doctrine)
Taylor v. United States, 414 U.S. 18 (1973) (waiver of presence when defendant flees during trial)
Illinois v. Allen, 397 U.S. 337 (1970) (defendant’s right to presence subject to waiver)
Snyder v. Massachusetts, 291 U.S. 97 (1934) (dicta on presence rights later narrowed)
Crosby v. United States, 506 U.S. 255 (1993) (Rule 43 federal considerations; not controlling in state court)
Broyld v. People, 146 Ill. App. 3d 693 (1986) (admonishment sufficiency even if not explicit about confrontation)
Garner v. People, 147 Ill. 2d 467 (1992) (ills about waiver and absence balancing)