City of Tallmadge v. DeGraft-Biney

The issue certified herein is whether a jury demand pursuant to Crim. R. 23(A) is timely filed when it is filed not less than ten days before the actual trial (after continuance of the trial date), even though a jury demand had not been filed at least ten days before the originally scheduled trial date. We hold that in such an event the jury demand has been timely filed. ,

-Crim. R. 23(A) provides in pertinent part:

“* * * In petty offense cases, where there is a right of jury trial, the defendant shall be tried by the court unless he demands a jury trial. Such demand must be in writing and…