Dixie v. State

On Direct Appeal

DICKSON, Justice

The defendant-appellant, Courtney C. Dixie, was convicted of the murder 1 of his former girlfriend, Vickey C. Gallespie, and adjudicated a habitual offender 2 in a bench trial. The defendant appeals, claiming that he did not intelligently and voluntarily waive his right to a jury trial.

Both the United States Constitution 3 and the Indiana Constitution 4 guarantee the right to trial by jury. A criminal defendant is presumed not to waive this right unless he affirmatively acts to do so. Poore v. State, 681 N.E.2d 204, 207 (Ind.1997). A defendant may waive his…