35 So. 3d 1096 - State v. Coleman’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “liSA defendant may waive his right to a jury trial and elect to be tried by the judge. LSA-C.Cr.P. art. 780(A). Generally, the waiver is to be entered at arraignment. However, the trial judge may accept a waiver of a jury trial at any time prior to the commencement of trial. LSA-C.Cr.P. art. 780(B). A waiver of trial by jury is valid only if the defendant acted voluntarily and knowingly. See State v. Kahey, 436 So.2d 475, 486 (La.1983). A waiver of this right is never presumed. State v. Brooks, 2001-1138, p. 5 (La.App. 1st Cir.3/28/02), 814 So.2d 72, 76 , writ denied, 2002-1215 (La.11/22/02), 829 So.2d 1037 . However, no special form is required for a defendant to waive his right to a jury trial. State v. Gamble, 504 So.2d 1100, 1102 (La.App. 5th Cir.1987). The record in this case reflects that on April 20, 2009, the day before his trial, the court noted on the record that defense counsel mentioned the possibility of the defendant waiving his right to a jury trial. The defendant responded affirmatively when the court asked if he had participated in discussions regarding a jury waiver with his attorney. The defendant stated that he wanted to waive his jury-trial right. Before accepting the waiver, the trial judge conducted a colloquy to establish the defendant’s competency to waive his right to a jury trial. The judge explained that the defendant was charged with two felonies and thus, he had the right to elect to have a jury hear his case or to have the case decided by the ju”

   1 later decision quote this exact passage
   e.g. 123 So. 3d 1239 - State v. Craig