City of Missoula v. Girard
Annotate this CaseDefendant entered a plea of not guilty to disorderly conduct, a misdemeanor. Defendant was informed that his failure to appear at the final pre-trial hearing would constitute a waiver of his right to a jury trial. Defendant failed to appear at the final hearing, although his counsel made an appearance. The court set a date for a bench trial. Defendant filed a motion to vacate the bench trial and reset the matter for a jury trial, arguing that his absence was due to his development disabilities and medical conditions, which affected his memory. The municipal court summarily denied Defendant's motion and proceeded to a nonjury trial, after which the court found Defendant guilty of disorderly conduct. The district court affirmed the conviction. The Supreme Court reversed, holding that, in light of certain affidavits and Defendant's medical records, combined with defense counsel's appearance and affirmative representation at the final pre-trial hearing that Defendant was not waiving his right of trial by jury, the municipal court abused its discretion in deeming Defendant's failure to appear at the final pre-trial hearing as a waiver of Defendant's right to a jury trial.
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