CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Saturday, January 23, 2010

"Polanski loses bid to be sentenced in absentia"

The Los Angeles Times has this latest development here. While the state appellate court had suggested that Polanski seek to be sentenced in absentia, the trial court judge said he was "not bound" by the suggestion and would not sentence Polanski "as long as he remains a fugitive." Polanski has sought to raise claims about prosecutorial misconduct while being sentenced in absentia. According to the article:

In his ruling, [trial court judge] Espinoza cited the fugitive disentitlement doctrine, a 19th century legal principle that bars a fugitive from calling on the help of a court while he is flouting its authority. The 2nd District Court of Appeal upheld the judge's application of the principle in December, but urged sentencing in absentia or other resolution that would address the misconduct claims.

http://lawprofessors.typepad.com/crimprof_blog/2010/01/polanski-loses-bid-to-be-sentenced-in-absentia.html

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