Zigan v. State

BENHAM, Justice.

This appeal addresses the question whether a criminal defendant may waive a jury trial and, over objection from the State, successfully demand a bench trial. Charged with involuntary manslaughter, appellant Frederick David Zigan waived a jury trial and appellant James Paul Freeman initially sought a change of venue, then withdrew that motion and waived a jury trial. Upon objection by the State to appellants’ motion for a bench trial, the trial court denied the motion, but issued a certificate of immediate review.

*416We must at the outset distinguish between a waiver of the right…