Legal Opinion
State ex rel. McEver v. Yakima County District Court
Court of Appeals of Washington
Decided June 7, 1979No. 2877-3Published
1Opinion of the CourtRoe, J.
On October 3, 1977, Dennis McEver was arrested for DWI and driving while his license was suspended. At his arraignment in Yakima County District Court on October 4, McEver appeared pro se and entered a plea of not guilty to both charges. At the same time he requested court-appointed counsel. Since he did not demand a jury, a trial date was also set.
After obtaining counsel, McEver filed a written demand on October 21, 1977, for jury trial. His demand was denied as "not timely" under JCrR 4.07(a), which provides in pertinent part:
Demand for jury trial must be made at the time the defendant's…
2Cases cited5 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Ludwig v. MassachusettsSupreme Court of the United States · 1976
- State v. WickeWashington Supreme Court · 1979
- City of Bellingham v. HiteWashington Supreme Court · 1950
- State v. WickeCourt of Appeals of Washington · 1978