Greene v. State

I dissent for the following reasons:

I.The record gives no indication that Greene knowingly, intelligently, and voluntarily waived his right to a jury trial.

II.In order for a defendant’s waiver of rights to stand, the record must show that the defendant was capable of reading and understanding a written advisement of rights.

III.Poore v. State, 666 N.E.2d 415 (Ind. Ct.App.1996) and Hadley v. State, 636 N.E.2d 173, 175 (Ind.Ct.App. 1994), trans. denied, should be overruled by the Indiana Supreme Court as both are founded upon the erroneous conclusion that the defendant must assert or inform the…