Can a defendant waive his right to a jury trial if the trial court erroneously told him that the state could seek the death penalty if he pursued appeal?
MultiRegion, United States of America
The following excerpt is from Stephens v. Borg, 24 F.3d 249 (9th Cir. 1994):
A defendant may waive the right to a jury trial so long as the waiver is made voluntarily, knowingly, and intelligently. Id. at 221. The defendant's waiver of his right to a jury trial may not be obtained by means which compel him to choose the waiver based upon a significant, erroneous decision by the trial court. See, e.g., Cuffle v. Goldsmith, 906 F.2d 385 (9th Cir.1990) (trial court erroneously informed defendant that state could seek death penalty if he pursued appeal).
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