Oregon v. Harrell
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In two criminal cases consolidated for purposes of opinion, each defendant attempted to waive his constitutional right to a jury trial as guaranteed by Article I, section 11, of the Oregon Constitution. In both cases, the trial court refused to consent to the waiver, and juries subsequently convicted each defendant of the charges against him. In "Oregon v. Harrell," (250 P3d 1 (2011)), the Court of Appeals concluded that the trial court had not abused its discretion in refusing defendant Harrell's requested jury waiver and affirmed the convictions. On review in Harrell, the Supreme Court reversed the Court of Appeals decision and remanded the case to the trial court with instructions to reconsider defendant's jury waiver. In "Oregon v. Wilson," (247 P3d 1262 (2011)), the Court of Appeals concluded that the trial court's refusal to consent to defendant's requested jury waiver had been within the trial court's discretion and affirmed defendant's convictions. On review in Wilson, the Supreme Court reversed the decision of the Court of Appeals and remanded the case to the trial court to reconsider defendant's jury waiver.
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