Bex v. State

I concur in the first portion of the majority’s opinion as to Part I, Right to Jury Trial. I respectfully dissent, however, with regard to the majority’s holding that the waiver by counsel, rather than by the defendant herself, was effective and binding upon the defendant.

Further, I respectfully disagree with the decision reached by a panel of this Court in Judy v. State, 470 N.E.2d 880 (Ind.Ct.App.1984). More particularly, I am unable to agree with the implication of that opinion, as adopted by the majority in the case before us, to the effect that consent not by the defendant but rather by…