People v. Hammond

This appeal arises from a post-conviction proceeding in which the petitioner alleged that at the age of 13 he was convicted of murder after his right to a trial by jury was waived not by him but by his lawyer and his parents. A hearing was held on the petition; the trial court found the allegations were true; but post-conviction relief was denied. The issue presented is whether a 13-year-old defendant’s constitutional right to a trial by jury can be waived by his lawyer and parents. The parties are in agreement concerning the material facts.

I

On October 6, 1967, 13-year-old Michael Hammond…