Does a defendant knowingly waive his constitutional right to a jury trial in favour of a bench trial?
California, United States of America
The following excerpt is from People v. Matthews, D075417 (Cal. App. 2020):
As a rule, a defendant may knowingly and intelligently waive his constitutional rights to a jury trial. (People v. Sivongxxay (2017) 3 Cal.5th 151, 166.) There is no "specific method for determining whether a defendant has made a knowing and intelligent waiver of a jury trial in favor of a bench trial. We instead examine the totality of the circumstances. (Id. at p. 167.) Some circumstances we may consider include
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