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Criminal Law : Jury Trial – Waiver – Sufficiency
Stephanie Maniscalco//October 2, 2013//
Listen to this articleWhere a defendant argued that he was subject to a manifest injustice in that a court rather than a jury found him guilty because the trial court failed to assent to his waiver of a jury trial as constitutionally required, the court did not err in conducting a bench trial because the defendant’s signed, written waiver and the court’s procedure in getting an acknowledgment from defense counsel that the case would be tried to the court were sufficient to show that the waiver was knowing, voluntary and intelligent and to the show the court’s assent to the waiver.
Judgment is affirmed.
State v. Moore (MLW No. 65587/Case No. WD75492 – 7 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Platte County, Hull Jr., J. (Shaun Mackelprang, Jefferson City, for respondent) (Damien Sepher Bhakti De Loyola, Kansas City, Missouri, for appellant).
Read the full text of this opinion. (PDF)
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