What is the test for determining whether a defendant has a right to a jury trial?
MultiRegion, United States of America
The following excerpt is from Rife v. Godbehere, 814 F.2d 563 (9th Cir. 1987):
The constitutional limits of the sixth amendment right to a jury trial is a question of law reviewed de novo. United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984). Moreover, a district court's decision to grant or deny a petition for habeas corpus is reviewed de novo. Weygandt v. Ducharme, 774 F.2d 1491, 1492 (9th Cir.1985).
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