Legal Opinion

State v. Spurlock

Supreme Court of Louisiana

Decided September 25, 2015No. 2015-KK-1173PublishedCited by 14 opinions

1Per curiam

11Writ granted; Conviction Reinstated; Case Remanded. It is preferred but not statutorily required for the defendant to waive his right to a jury trial personally. State v. Pierre, 2002-2665 (La.3/28/03), 842 So.2d 321. Defense counsel may waive the right on his client’s behalf, provided that the defendant’s decision to do so was made knowingly and intelligently. Id. The defendant’s jury waiver is deemed knowing and intelligent when he understands “that the choice confronting him is, on the one hand, to be judged by a group of people from the community, and on the other hand, to have his…

2Cases cited4 opinions

  1. United States of America Ex Rel. John Williams v. Richard DerobertisCourt of Appeals for the Seventh Circuit · 1983
  2. State v. PhillipsSupreme Court of Louisiana · 1978
  3. State v. PierreSupreme Court of Louisiana · 2003
  4. State v. SpurlockLouisiana Court of Appeal · 1989

3Cited by14 opinions

  1. People v. DanielsCalifornia Supreme Court · 2017
  2. State v. BrundyLouisiana Court of Appeal · 2016
  3. State v. BrignacLouisiana Court of Appeal · 2018
  4. State v. DuhonLouisiana Court of Appeal · 2018
  5. State v. DubrocLouisiana Court of Appeal · 2018

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