Idaho v. VasquezAnnotate this Case
Ida Perez Vasquez appealed her conviction on one count of intimidating a witness, in violation of Idaho Code section 18-2604(3). Vasquez argued that she was deprived of her state and federal constitutional right to a jury trial because, although her counsel waived her right to a jury trial, Vasquez never personally waived such right, either orally or in writing. Vasquez subsequently appealed and this case was originally heard and decided by the Court of Appeals; however, the Idaho Supreme Court granted the State of Idaho’s petition for review. Under fundamental error analysis, a criminal defendant’s waiver of the right to jury trial must be made by the defendant orally or in writing. The Supreme Court found Vasquez’s failure to personally waive her right to a jury trial was a clear violation of her constitutional rights. The Supreme Court vacated Vasquez’s conviction and remanded this case to the district court.