Summary
In Nanlal, the Louisiana Supreme Court remanded to the district court for an evidentiary hearing on the issue of whether the defendant validly waived his right to a jury trial.
Summary of this case from State v. MahoganyOpinion
No. 97-K-0786
September 26, 1997
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; Parish of Jefferson 24th Judicial District Court Div. "J" Number 95-1025; to the Court of Appeal, Fifth Circuit, Number 96-KA-0756.
Granted. The judgment of the Fifth Circuit is vacated and this case is remanded to the district court for an evidentiary hearing on the question of whether relator validly waived his right to a jury trial through counsel in open court and in his presence before trial. See State v. Phillips, 365 So.2d 1304, 1308-09 (La. 1978); State v. James, 94-0720 (La.App. 5th Cir. 5/30/95), 656 So.2d 746; State v. Cappel, 525 So.2d 335 (La.App. 1st Cir.), writ denied, 531 So.2d 468 (La. 1988); State v. Bisset, 451 So.2d 181 (La.App. 1st Cir. 1984). If the evidence shows that relator did not make a valid waiver of his right to a jury trial, the district court must set aside his conviction and sentence and grant him a new trial. Relator may appeal from any adverse ruling on the waiver issue.
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CALOGERO, C.J. not on panel.