Walunga v. State

OPINION

Before RABINOWITZ, C. J., CONNOR, BURKE and MATTHEWS, JJ„ and DIMOND, Senior Justice. PER CURIAM.

Allen Walunga appeals from the denial of his motion for post-conviction relief. 1 He claims that he was incapable of effectively waiving his constitutional right to trial by jury 2 because of mental illness, and that the superior court erred in failing to inquire into Walunga’s capacity at the time it accepted the waiver of jury trial. We affirm.

Walunga was convicted in 1973 of first degree murder and assault with intent to kill. The convictions arose out of an incident in December, 1972,…