Trial court erred in holding a bench trial
In order to hold a bench trial in a serious offense case, the accused must waive his right to a jury trial and that waiver must be made in writing, signed by the defendant, made in open court, filed, and made part of the record. R.C. 2945.05. A conviction was reversed in Hamilton County because no waiver was filed and made part of the record. Without a proper jury waiver, the trial court could not hold a bench trial. The First District Court of Appeals for Hamilton County reversed the conviction as you can read here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
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