ROMAN POLANSKI AND THE FUGITIVE DISENTITLEMENT DOCTRINE
ROMAN POLANSKI AND THE FUGITIVE DISENTITLEMENT DOCTRINE
The defense moved to dismiss, based on serious allegations of judicial and prosecutorial misconduct. The trial judge refused to hear the motion, relying on the fugitive disentitlement doctrine (catchy name, huh?). That doctrine essentially says that an appeal may be
dismissed if the defendant is a fugitive. The California Court of Appeal says that this
doctrine permits denial of appellate relief but does not mandate it.
Here, the California Court of Appeal affirms the trial court's discretion to refuse to consider
the motion to dismiss, then writes a coda saying that the parties should investigate the misconduct claims and resolve them.
Polanski v. Superior Court; 2009 DJ DAR 17703; DJ, 12/22/09; C/A
2nd, Div. 7
