People v. Pasley

We are asked in this case to determine what is meant by the statutory requirement that a written waiver of the right to jury trial be "made in open court”. The Court of Appeals held that in order for a written waiver to be valid the record must affirmatively show that the waiver was executed in open court. We disagree.

I

Following a bench trial in the . Wayne Circuit Court, the defendant was convicted of attempted breaking and entering an unoccupied dwelling with the intent to commit larceny. He was subsequently sentenced to two years probation. The defendant appealed to the Court of Appeals.…