Amanda Ellen O'Callaghan a/k/a Amanda O'Callaghan a/k/a Amy O'Callaghan v. State of Mississippi

Summary

The Mississippi Court of Appeals affirmed Amanda Ellen O’Callaghan’s convictions for two counts of possession of methamphetamine and her consecutive twelve-year sentences. The court held that the trial court did not abuse its discretion by trying O’Callaghan in absentia after finding that she knowingly and voluntarily waived her right to be present. The court also held that the trial court properly denied a mistrial based on a prospective juror’s comment concerning O’Callaghan’s possible prior arrests.

Holdings

1. The circuit court did not abuse its discretion in finding that O'Callaghan knowingly, intelligently, and voluntarily waived her constitutional right to be present and in trying her in absentia.
2. The circuit court acted within its discretion in denying a mistrial because O'Callaghan failed to show prejudice or that the potential juror's isolated comment tainted the jury panel.

Questions Presented

1. Whether the circuit court abused its discretion by trying O'Callaghan in absentia after finding that her absence was knowing, intelligent, and voluntary.
2. Whether the circuit court abused its discretion by denying a mistrial based on a potential juror's allegedly prejudicial comment that O'Callaghan may have been jailed and repeatedly bailed out.

Disposition

affirmed