State v. Hamer
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The Supreme Court affirmed Defendant's conviction of speeding ninety-four miles per hour in a sixty-five mile-per-hour zone, holding that Defendant knowingly and voluntarily waived his constitutional right to a jury trial.
In affirming Defendant's conviction, a divided panel of the Court of Appeals concluded that, even though the trial court failed to follow the statutory procedure for waiver of Defendant's right to a jury trial, Defendant was not prejudiced. The Supreme Court affirmed, holding (1) although the trial court's colloquy was untimely, the facts demonstrated that Defendant understood he was waiving his right to a trial by jury and the consequences of that decision; and (2) Defendant did not meet his burden of demonstrating that there was no reasonable possibility that had the error not been committed a different result would have been reached in a bench trial or a jury trial.
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