People v. Kirby

In these cases we are asked to decide whether MCL 763.3; MSA 28.856 and MCR 6.401, 1 requiring the consent of the prosecution and approval by the court before a defendant may waive a criminal jury trial, are constitutional. While conceding that these rules are constitutional under federal constitutional analysis, see Singer v United States, 380 US 24; 85 S Ct 783; 13 L Ed 2d 630 (1965), defendants contend that these rules violate the Michigan Constitution because they preempt defendants’ exclusive constitutional right to select the factfinder in a criminal case. They further maintain that the…