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Shaun Blandv.The State

CourtCourt of Appeals of Georgia
Docket No.A21A1547
DecidedMarch 11, 2022
Reporter351 Ga. App. 744
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureDue ProcessSufficiency of the EvidenceReversalRemand
Case Summary

Shaun Bland was convicted of aggravated child molestation, child molestation, and enticing a child for indecent purposes. He challenged the sufficiency of the evidence and the trial court’s decision to continue critical portions of the trial while he was absent. The Court of Appeals of Georgia held that the evidence was sufficient to support the verdict, including testimony from Bland’s two minor stepdaughters and related out-of-court statements and recordings. The convictions nevertheless could not stand because Bland had clearly stated that he was not voluntarily waiving his right to be present and had indicated that he wanted to return to court and finish his interrupted testimony. The court distinguished precedent involving a defendant who voluntarily absented himself and held that the trial court erred by treating Bland’s absence as a waiver. Because he was absent during critical trial proceedings without a valid waiver, the appellate court reversed the judgment and remanded for a new trial.

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Shaun Bland V. The State — The Atlanta Gleaner