STATE OF MISSOURI v. JESSIE LEE WHITAKER

Jessie Whitaker appeals his bench-trial conviction for forcible rape, charging plain error in the court’s finding that he waived his right to jury trial as part of a polygraph agreement with the prosecutor. Because the record does not demonstrate with unmistakable clarity that Whitaker waived this right, we reverse and remand. 1 State v. Bibb, 702 S.W.2d 462, 466 (Mo.banc 1985); State v. Freeman, 189 S.W.3d 605, 609 (Mo.App. 2006).

Background and Analysis

Whitaker could waive trial by jury—and be held to that waiver—if he did so knowingly, intelligently, and voluntarily. See State v. Baxter,…