George Vickers, Jr. v. Superintendent Graterford SCI

OPINION

KRAUSE, Circuit Judge.

Given the fundamental importance of the right to a jury trial in our justice system, many states have promulgated rules, akin to the Federal Rules of Criminal Procedure, prescribing that the waiver of that right be on-the-record and approved by a court before a defendant enters a guilty plea or proceeds by way of non-jury trial. As a general matter, such procedures are diligently followed to ensure a defendant’s waiver is knowing and voluntary but, on occasion, there are lapses. In this case, petitioner’s counsel discussed with him generally the right to a jury…