State ex rel. Larkins v. Baker

The majority holds that even though the trial court did not strictly comply with the jury trial waiver requirements set forth in R.C. 2945.05, the nature of its failure does not rise to the level of a jurisdictional defect capable of being redressed in a habeas corpus proceeding. Instead, the majority finds that the errors that occurred in this case were only capable of review on direct appeal. Because I cannot sanction ignoring or undermining important statutory protections that are designed to ensure that a defendant knowingly and intelligently waives his constitutional right to a trial by…