State v. Lomax

Mark P. Painter, Judge.

{¶ 1} The right to trial by jury is fundamental to Anglo-American jurisprudence — -it cannot be lightly surrendered. We hold that the defendant in a felony case, in addition to signing the required written waiver, must orally acknowledge that he understands that he is waiving his right to a jury trial.

{¶ 2} After a bench trial, defendant-appellant, Keith Lomax, was convicted of murder. Because Lomax’s waiver of a trial by jury was not made in open court, his jury waiver did not comply with the requirements of R.C. 2945.05. Therefore, the trial court lacked jurisdiction…