Michael Zemunski v. Michael L. Kenney

FAGG, Circuit Judge.

Nebraska inmate Michael Zemunski appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. See Zemunski v. Kenney, 808 F.Supp. 703 (D.Neb.1992). We affirm.

To delay his burglary trial before a waiting jury panel, Zemunski waived his Sixth Amendment right to a jury trial after the court denied Zemunski’s motion for a continuance to the next jury panel. Later, when Zemunski’s bench trial began, he moved to withdraw his waiver. The court denied the motion. During the trial, the judge suffered a heart attack and a new judge granted Zemunski a mistrial.…