Worthen v. the State
342 Ga. App. 612
Ga. Ct. App.2017Background
- Worthen was tried on March 31, 2015; on the fourth day he absconded and a bench warrant issued. Trial continued in his absence and he was convicted on all counts and sentenced April 6, 2015.
- Trial counsel timely filed a motion for new trial on April 10, 2015 and requested a transcript at public expense, asserting Worthen was indigent.
- A different judge initially granted the transcript request but later set that order aside after learning Worthen had been a fugitive; a subsequent request for a free transcript was denied.
- Worthen remained at large until May 1, 2016; during that period the trial court dismissed the April 10, 2015 motion for new trial as filed while he was a fugitive. Worthen appealed that dismissal.
- Worthen raised multiple claims: invalid waiver of right to be present at sentencing, counsel’s authority to file post-conviction motions while defendant absent, due process violations from dismissal under the fugitive-disentitlement doctrine, whether the bail-jumping statute displaced that doctrine, and entitlement to a new trial because the full transcript was unavailable.
Issues
| Issue | Plaintiff's Argument (Worthen) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Validity of waiver of right to be present when defendant absconds | Worthen: absence did not constitute a knowing, intelligent waiver of presence at sentencing | State: voluntary absence after trial begun constitutes waiver of presence | Court: Absence after trial commenced is a waiver; no violation of right to be present (Taylor; Byrd) |
| Authority to file post-conviction motions and preservation of rights while a fugitive | Worthen: counsel could timely file motion for new trial and preserve appeal despite his fugitive status; dismissal improper because he was recaptured before court acted | State: fugitive-disentitlement bars relief; a defendant who is a fugitive waives post-conviction rights and counsel cannot preserve them while client remains at large | Court: Fugitive-disentitlement applies; Worthen waived right to seek new trial while fugitive; dismissal proper (Harper; Pharaon) |
| Whether OCGA § 16-10-51 (bail-jumping) supersedes common-law fugitive-disentitlement doctrine | Worthen: criminalizing bail-jumping replaces prior judicial penalty and doctrine | State: statute does not conflict with or supersede the equitable common-law doctrine | Court: No legislative intent or textual conflict; statute does not displace the common-law doctrine; argument rejected |
| Entitlement to new trial because a complete transcript is unavailable | Worthen: lack of complete transcript requires new trial | State: issue is moot if motion for new trial properly dismissed under fugitive-disentitlement | Court: Transcript claim is moot given dismissal of motion for new trial; no new trial awarded |
Key Cases Cited
- Taylor v. United States, 414 U.S. 17 (trial continued in defendant's absence operates as waiver of right to be present)
- Harper v. State, 300 Ga. App. 25 (Georgia fugitive-disentitlement doctrine bars post-conviction relief for defendants who remain fugitives)
- Fed. Deposit Ins. Corp. v. Pharaon, 178 F.3d 1159 (11th Cir.) (rationales and application of fugitive-disentitlement doctrine)
- Goeke v. Branch, 514 U.S. 115 (dismissal under fugitive-disentitlement does not violate due process)
- Brown v. Ricketts, 235 Ga. 29 (Georgia precedent recognizing limitations on rights of fugitives)