Legal Opinion

People v. McKaig

Michigan Court of Appeals

Decided May 1, 1979No. Docket 77-4678, 78-303PublishedCited by 9 opinions

1Opinion of the CourtN. J. Kaufman, P.J.

On July 26, 1977, defendants Michael McKaig and William Loewe were found guilty in a bench trial of unarmed robbery, MCL 750.530; MSA 28.798. They were sentenced on August 9, 1977, and appeal as of right.

Michigan law requires that in order for a defendant to effectively waive his right to a jury trial, he must make a written waiver in open court. MCL 763.3; MSA 28.856:

"In all criminal cases arising in the courts of this state whether cognizable by justices of the peace or otherwise, the defendant shall have the right to waive a determination of the facts by a jury and may, if he so elect, be…

2Cases cited4 opinions

  1. People v. RimmerMichigan Court of Appeals · 1975
  2. People v. WordMichigan Court of Appeals · 1976
  3. People v. WoodyMichigan Court of Appeals · 1970
  4. Orr v. Schmidt, Ellis & Associates, Inc.Michigan Court of Appeals · 1970

3Cited by9 opinions

  1. People v. Carl JohnsonMichigan Court of Appeals · 1980
  2. People v. BlackmonMichigan Court of Appeals · 1980
  3. People v. CorbinMichigan Court of Appeals · 1981
  4. People v. BraxtonMichigan Court of Appeals · 1979
  5. People v. BrightMichigan Court of Appeals · 1983

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