Cleo L. Moore, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals reversed the Court of Appeals' decision and held that the trial court did not abuse its discretion in proceeding under Article 33.03 when the defendant was absent, finding sufficient evidence to infer a voluntary absence and allowing appellate review to consider post‑ruling evidence; the case was remanded for further consideration of other alleged errors. Justice Clinton, in a concurring opinion, agreed with the result but argued the trial court lacked affirmative evidence of voluntariness and justified the decision on public‑policy grounds.