United States of America Ex Rel. John Williams v. Richard Derobertis

ESCHBACH, Circuit Judge.

Respondents appeal from the judgment of the district court granting petitioner John Williams a writ of habeas corpus under 28 U.S.C. § 2254. The district court entered summary judgment for petitioner, who is in custody pursuant to a bench verdict, on the ground that Williams had not knowingly and intelligently waived his right to a trial by jury secured by the Sixth and Fourteenth Amendments of the United States Constitution. For the reasons below, we reverse.

I

In 1975, Williams was convicted after a bench trial of armed robbery and unlawful use of weapons. His…