People v. Dockery

When a trial judge takes 60 seconds or so to obtain a valid jury waiver from a defendant in open court the issue we confront in this case does not arise.

We are called on to determine whether this defendant is entitled to an evidentiary hearing on his postconviction claim that his constitutional right to a jury trial was violated. The trial court denied the defendant’s petition, holding no evidentiary hearing was required. We reverse the trial court’s decision and remand this cause for an evidentiary hearing under the Post-Conviction Hearing Act (725 ILCS 5/122 — 1 et seq. (West 1994)).

FACTS

On…