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Jury waiver must be filed and made part of the record

July 22, 2010

Posted In: Jury

By Robert Alan Brenner on July 22, 2010 4:42 PM |

A Cuyahoga County defendant will get another bite at the apple because someone failed to file the jury waiver she signed with the trial court and failed to make sure it was made part of the record. R.C. 2945.05 specifically states that the jury waiver must be filed and made part of the record, and the Ohio Supreme Court has stated that strict compliance with R.C. 2945.05 is required. State v. Pless, 1996-Ohio-102. So even though the record shows the defendant waived her right to a jury trial in this case, no waiver was filed and the Eighth District Court of Appeals determined that the trial court lacked jurisdiction to try the defendant without a jury. Read the decision in State v. Butler, 2010-Ohio-3414, here.

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Posted In: Jury

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