Holsclaw v. State

This is an appeal from the denial of a petition for writ of error coram nobis.

Petitioner alleges that he is entitled to a new trial because he waived his right to a trial by jury based on the false representation of appointed counsel that if the case were tried without a jury the judge would "throw out" the case for insufficient evidence.

At the hearing on the petition, petitioner was the only witness to testify. A copy of the jury waiver form signed by the defendant states, in part, "This waiver is made voluntarily and without threat, promise or hope of reward and is made on and with advice…