People v. Walker

1 This case asks us to determine whether Respondent Marshall Adam Walker effectively waived his right to a jury trial. We hold that a defendant may not litigate the validity of such a waiver on direct appeal but must do so in a post-conviction proceeding. We further hold that, when evaluating a defendant's waiver of the right to a jury trial, the post-conviction court must determine whether the defendant personally waived that right knowingly, voluntarily, and intelligently. We also hold that an inadequate advisement that fails to comply with Crim. P. 23(a)(5)(II) does not automatically…