Legal Definitions - fugitive-dismissal rule

The fugitive-dismissal rule is a legal principle that allows an appeals court to refuse to hear or to stop considering a criminal defendant's appeal if that defendant has fled from justice and cannot be found. Essentially, if someone convicted of a crime tries to challenge their conviction or sentence through an appeal but then becomes a fugitive, the court can dismiss their appeal until they surrender to the authorities.

• Example 1: Mr. Davies is convicted of embezzlement and files an appeal to challenge the verdict. Before the appellate court can even schedule a hearing for his case, Mr. Davies fails to appear for a mandatory court appearance related to his sentencing and cannot be located by law enforcement. A warrant is issued for his arrest.

  Explanation: Because Mr. Davies has become a fugitive by failing to appear and evading authorities, the appellate court, under the fugitive-dismissal rule, would likely dismiss his appeal. The court would not proceed with reviewing his case while he is actively evading justice.

• Example 2: Ms. Chen is found guilty of grand theft and is released on bail while her appeal is pending. Several months into the appeal process, Ms. Chen learns that the appellate court is unlikely to rule in her favor. Fearing she will have to serve her prison sentence, she cuts off all communication with her lawyer and disappears from her known residence, crossing state lines.

  Explanation: As Ms. Chen has absconded while her appeal is active, she is considered a fugitive. The appellate court would apply the fugitive-dismissal rule, halting and dismissing her appeal until she surrenders to the authorities and is no longer a fugitive.

• Example 3: A defendant, Mr. Rodriguez, is convicted of assault with a deadly weapon. He files an appeal, arguing there were significant legal errors in his trial. While his appeal is being reviewed by the higher court, he is released on a separate bond for a different, unrelated charge. He then fails to appear for a court date on that new charge and is officially declared a fugitive.

  Explanation: Even though his fugitive status stems from a different legal matter, Mr. Rodriguez is still a fugitive from justice. The appellate court reviewing his assault conviction would likely invoke the fugitive-dismissal rule, dismissing his pending appeal until he is apprehended and returns to court to face all charges.