Adam Horton v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. 79A02-1410-CR-765

RUSH, Chief Justice.

The Indiana Constitution guarantees the right to jury trial, which may be waived by one, and only one, person — the defendant. Unless the defendant personally communicates to the judge a desire to waive that right, he must receive a jury trial.

Here, Defendant Adam Horton merely remained silent while his attorney requested a bench trial on the second phase of a bifurcated trial, where the State sought to prove a D-felony domestic battery charge based on a prior conviction. Because Horton’s…