STATE v. RUCKER

No. 106,803.

310 P.3d 422 (2013)

STATE of Kansas, Appellee, v. Matthew M. RUCKER, Appellant.

Court of Appeals of Kansas.

September 13, 2013.


Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Kansas Capital Appellate Defender Office, for appellant.

Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, for appellee.

Before LEBEN, P.J., ATCHESON and SCHROEDER, JJ.


LEBEN, J.

Matthew Rucker was convicted in a jury trial of theft and eluding a police officer. But even though he was in state custody, he wasn't in attendance at the trial, and he has appealed on the basis that his constitutional and statutory right to be present at his own trial was violated.

Rucker sent a note to the court on the morning of his trial, claiming that he had been on a hunger strike for several days and was too weak to come to court. He also...

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