Error and/or relief
(Gary note: This was not a victory, but it contains an important principle. If an appellate wilfully absconds from the jurisdiction of the court, the Court of Appeal may dismiss the appeal. Which it did here. The prosecution moved to transfer the juvenile matter to an adult court of criminal jurisdiction. While the motion was still pending, the minor failed to appear in court. His counsel informed the court that she no longer had communication with the minor.
The juvenile court issued a warrant for failure to appear. An investigator found that the minor took a flight to England and did not return. The juvenile court proceeded with the transfer motion with the minor in absentia and granted the transfer motion, finding clear and convincing evidence that the minor was not amenable to rehabilitation under the juvenile court’s jurisdiction. As of the opinion date, the minor has not been located and remained at large.
First Holding:
An appellate court may dismiss the appeal of a defendant who is a fugitive from justice.
Authority:
Polanski v. Superior Court (2009) 180 Cal.App.4th 507, 531
Second Holding:
A party to an action cannot, with right or reason, ask the aid and assistance of a court in hearing his demands while he stands in an attitude of contempt to legal orders and processes of the courts of this state.
Authority:
MacPherson v. MacPherson (1939) 13 Cal.2d 271, 277
Third Holding:
Courts have no jurisdiction over persons charged with crime, unless in custody actual or constructive. It would be a farce to proceed in a criminal cause, unless the Court had control over the person charged, so that its judgment might be effective.
Authority:
People v. Redinger (1880) 55 Cal. 290, 298
Fourth Holding:
Appellate disentitlement based on fugitive status is not a jurisdictional doctrine, but a discretionary tool that may be applied when the balance of the equitable concerns make it a proper sanction for a party’s flight. Various justifications have been advanced for its application: (1) assuring the enforceability of any decision that may be rendered on or following the appeal; (2) imposing a penalty for flouting the judicial process; (3) discouraging flights from justice and promoting the efficient operation of the courts; and (4) avoiding prejudice to the other side caused by the defendant’s escape.
Authority:
People v. Puluc–Sique (2010) 182 Cal.App.4th 894, 897–898