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CLARK v. SCOTT

No. 94-11125.

70 F.3d 386 (1995)

Rufus R. CLARK, Jr., Petitioner-Appellee, v. Wayne SCOTT, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1995.

Attorney(s) appearing for the Case

Erik E. Cary, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellant.

F. Clinton Broden, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Dallas, TX, for appellee.

Before REAVLEY, JOLLY and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal presents the question whether a state court is constitutionally required to conduct a Benavides balancing test1 before proceeding to try a criminal defendant who voluntarily absented himself from the trial after the jury was impaneled. Rufus Ray Clark, Jr., represented by an attorney, was tried and convicted in absentia of burglary by the state of Texas. Upon being later apprehended...

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