People v. Potts

JUSTICE McCUSKEY,

specially concurring:

I concur because I recognize that Jennings, a decision of this court, is directly on point. Accordingly, I feel bound by stare decisis. However, I write separately because I believe Jennings was incorrectly decided and will result in unnecessary retrials.

It is very important to recognize that the defendant in this case freely, voluntarily and knowingly waived his right to a jury trial in open court. No one disputes the trial court’s finding on this issue. The only trial error claimed in this appeal is that the defendant did not additionally sign a…