Legal Opinion

State v. Innes

Court of Appeals of Arizona

Decided August 2, 2011No. 1 CA-CR 09-0865PublishedCited by 1 opinion

1Opinion of the Court

OPINION

JOHNSEN, Judge.

¶ 1 The superior court convicted Andrew David Innes of sexual abuse after a trial to the court. Because it is undisputed that the record does not show that Innes knowingly, voluntarily and intelligently waived his right to a jury trial, we reverse the conviction and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 2 A few weeks before Innes’s trial was to begin on a single charge of sexual abuse, his lawyer asked the superior court to set the matter for a bench trial. The State did not oppose the request. The court found Innes guilty, suspended his sentence and…

2Cases cited18 opinions

  1. Neder v. United StatesSupreme Court of the United States · 1999
  2. State v. RingArizona Supreme Court · 2003
  3. United States v. David CochranCourt of Appeals for the Ninth Circuit · 1985
  4. UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  5. State v. ValverdeArizona Supreme Court · 2009

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3Cited by1 opinion

  1. State v. ToddyCourt of Appeals of Arizona · 2017

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