Carlos I. Nunez v. State of Indiana

SHEPARD, Senior Judge.

[1] By both law and practice, American courts have long been especially concerned that criminal defendants not give up various rights by virtue of being misled or uninformed or threatened. Here, the question is whether a conviction must be set aside because the defendant who was asking to waive trial by jury did not tell the trial judge that his request was voluntary.

Facts and Procedural History

[2] In December 2012, the State charged appellant Carlos I. Nunez with rape as a class B felony. Ind. Code § 35-42-4-1 (1998). Nunez subsequently filed a verified waiver of jury…