74 So. 3d 711
Docket No. 2011-KK-2130.
STATE of Louisiana v. James SIMMONS.
Decided October 11, 2011.
Supreme Court of Louisiana · decided 2011-10-11
Cited by 3 later decisions — most recently November 2018
3 state decisions
Key passage — most relied on by later courts
“[a]lthough the Defendant did not make a jury waiver 'no later than 45 days prior to trial,' the State did not object and the case proceeded to trial.”
quoted by 2 later decisions, including 261 So. 3d 813 - State v. Dubroc, 261 So. 3d 832 - State v. Dubroc
Good law ✅— No negative treatment on recordhow we know
Decided 2011-10-11
View the full empirical analysis of this case →
¶1Granted. Although the Defendant did not make a jury waiver "no later than 45 days prior to trial," the State did not object and the case proceeded to trial, ending in a mistrial. The ruling of the trial court allowing the Defendant to revoke his irrevocable waiver of a jury trial is therefore reversed, and the case is remanded to the trial court for a bench trial.
¶2JOHNSON and WEIMER, JJ., would grant and docket.