ILNews

Man did not validly waive right to jury trial

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The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.

At a November 2011 hearing, Vanderburgh Magistrate Judge Sheila Corcoran advised Reko Levels that he had a right to a trial by court or by jury. Levels told the magistrate later in the hearing he wanted a jury trial “ten days ahead of time.”

A bench trial was conducted, at which Levels was convicted of the Class B misdemeanors battery and public intoxication.

The trial court failed to adequately advise Levels of the consequences of failing to demand a jury trial, Judge L. Mark Bailey wrote. The court didn’t mention the necessity of making such a request no later than 10 days before the scheduled trial date and never disclosed that the failure to make the request would waive Levels’ right to a jury trial. There’s also no indication that Levels knew his demand had to be in writing.

The COA rejected the state’s argument that the advisement was unnecessary because Levels had mentioned he wanted a jury trial 10 days ahead of time. Levels’ reference doesn’t reveal that he knew the request had to be in writing or even what the 10 days had to be ahead of, Bailey wrote in a footnote.

 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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