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U.S. v. CROSBY

No. 89-5450.

917 F.2d 362 (1990)

UNITED STATES of America, Appellee, v. Michael J. CROSBY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Mark D. Nyvold, Minneapolis, Minn., for appellant.

James E. Lackner, Minneapolis, Minn., for appellee.

Before JOHN R. GIBSON and FAGG, Circuit Judges, and BRIGHT, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Michael J. Crosby did not appear in court on the date set for commencement of his criminal trial, was tried in absentia, and was convicted. The issues in this case revolve primarily around this somewhat unusual circumstance and whether Rule 43 of the Federal Rules of Criminal Procedure applies because Crosby was not present when the trial commenced. We hold that a defendant who does not...

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