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State v. Naughten

Oregon Court of Appeals
Mar 9, 1972
480 P.2d 448 (Or. Ct. App. 1972)

Summary

In Naughten, we held that, although the waiver of a jury trial was not in writing, we were able to determine that the defendant had voluntarily and knowingly relinquished the right to a jury trial.

Summary of this case from State v. Barber

Opinion

Argued January 20, 1972

Affirmed February 11, 1972 Petition for rehearing denied March 9, 1972 Petition for review denied April 20, 1971

Appeal from Circuit Court, Marion County.

VAL D. SLOPER, Judge.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Gary D. Gortmaker, District Attorney, Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, Chief Judge, and FOLEY and THORNTON, Judges.


AFFIRMED.


Defendant, having waived trial by jury, was convicted of burglary. He appeals, contending that the proceedings were void because he did not sign a written waiver of his right to trial by jury. He claims no actual prejudice, and in effect admits that with the advice of counsel he knowingly and intelligently waived his right to a jury trial. The duly certified transcript of the proceedings discloses the following:

"THE COURT: In the Matter of the State of Oregon vs. Hugh Kyle Naughten, is the State ready to proceed?

"MR. GORTMAKER: The State is ready, your Honor.

"THE COURT: Mr. Ady, is the defendant ready?

"MR. ADY: The defendant is ready, your Honor.

"THE COURT: Mr. Naughten, this is the time set for the trial in the matter of the State of Oregon, Plaintiff, versus Hugh Kyle Naughten, Defendant, wherein you have been indicted by the Grand Jury of this county and accused of the crime of burglary not in a dwelling. Mr. Ady is your attorney, and he advises me that he is ready to go to trial on your behalf. Are you ready for your trial to commence?

"DEFENDANT: Yes, your Honor.

"THE COURT: I understand that you have expressly waived the right that you have, to have your guilt or innocence, as the case may be, determined by a jury, and to have your case heard and determined by the Court without a jury.

"DEFENDANT: That's true."

Oregon Constitution, Art I, § 11, provides:

"In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; * * * provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone, such election to be in writing * * *."

1, 2. The defendant argues that "in writing" means a writing executed by the defendant. The state argues that the official transcript of the trial record meets the constitutional requirement. We do not consider that question here, for even if we assume that the constitutional requirement was not met, the resulting error was harmless. Even constitutional error does not require reversal if a court can say, as it here can, that beyond a doubt the defendant was not prejudiced. Chapman v. California, 386 U.S. 18, 87 S Ct 824, 17 L Ed 2d 705, reh denied 386 U.S. 987, 87 S Ct 824, 17 L Ed 2d 705 (1967).

Nevertheless we add that all trial courts are well advised to avoid the problems that may arise in connection with jury waivers by requiring that waivers be in the form of written and signed documents.

Affirmed.


Summaries of

State v. Naughten

Oregon Court of Appeals
Mar 9, 1972
480 P.2d 448 (Or. Ct. App. 1972)

In Naughten, we held that, although the waiver of a jury trial was not in writing, we were able to determine that the defendant had voluntarily and knowingly relinquished the right to a jury trial.

Summary of this case from State v. Barber

In Naughten, although the waiver was not in writing, we were able to determine meaningfully from the record that the defendant had voluntarily and knowingly relinquished the right to jury trial.

Summary of this case from State v. Lemon

In Naughten, the record showed that the defendant had, with the advice of counsel, personally made an express oral waiver of his right to a jury trial.

Summary of this case from State v. Cordray

In Naughten, the defendant, in response to questions from the trial judge, expressly acknowledged that he had been advised of his right to a jury trial and that his waiver was knowingly given. No such redeeming evidence is apparent in this case.

Summary of this case from LaMarche v. State of Oregon

In Naughten we held that the failure of the state to obtain a written waiver was harmless error where there had been an informed oral waiver by defendant of his right to a jury trial which appeared in the trial transcript.

Summary of this case from State v. Cassada
Case details for

State v. Naughten

Case Details

Full title:STATE OF OREGON, Respondent, v. HUGH KYLE NAUGHTEN, Appellant

Court:Oregon Court of Appeals

Date published: Mar 9, 1972

Citations

480 P.2d 448 (Or. Ct. App. 1972)
480 P.2d 448

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