State v. Austin

56 Submitted October 4, affirmed December 1, 2021, petition for review denied April 21, 2022 ( 369 Or 675) STATE OF OREGON, Plaintiff-Respondent, v. THOMAS LLOYD AUSTIN, Defendant-Appellant. Jackson County Circuit Court 18CR50415, 18CR56222; A173041 (Control), A173042

501 P3d 1136

Defendant was convicted of arson and reckless burning. On appeal, he makes an unpreserved argument that the trial court erred by accepting his jury waiver and proceeding to a bench trial. That waiver occurred five months before the United States Supreme Court held in Ramos v. Louisiana,

590 US ___, 140 S Ct 1390,

206 L…