State v. Harrell / Wilson

I agree with the majority’s essential legal analysis in these cases, which recognizes that a trial judge’s decision whether to consent to a jury waiver in a criminal case may be based on an array of considerations, including the interests of the state, as articulated by the prosecutor. I further agree that the trial judge may not simply defer to the position of the prosecutor in a way that delegates the decision whether

*267to consent to the prosecutor, rather than base the decision on the trial judge’s independent and informed judgment. Consequently, I agree with the majority that State v. Wilson…