Louisiana v. Basile
Annotate this CaseThe Supreme Court granted certiorari in this case to determine whether the district court erred in sua sponte declaring that the jury waiver procedure described in the Louisiana Constitution (Article 1, section 17A) was unconstitutional for "depriving [Defendant] of his due process guaranteed under the 5th and 14th Amendments to the United States Constitution." Defendant Timothy Bazile was indicted for second degree murder. His trial was set for October, 2011. At a September hearing, Defendant indicated he wished to waive his right to a jury trial, and the State objected. The State argued that Defendant's waiver was less than forty-five days from the trial date, and pressed to continue with a jury trial. The district court expressed doubt as to whether the federal constitution allowed the State to tell a defendant he couldn't have a jury trial "even on the day it's set for trial." Defense ultimately asked for a continuance, and a bench trial was reset for a few days later than the original trial date. The court found that La. Const. art. I, sec. 17(A) "effectively allowed the state to 'force' a defendant into deciding whether to be tried by a judge or jury. However, 'the decision to have a bench trial or jury trial rests with the defendant." The State appealed the district court's decision. Upon review, the Supreme Court concluded that because the constitutionality of the jury waiver procedure was never raised by Defendant, the Court found that the district court erred in declaring the jury waiver procedure unconstitutional.
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