McCollum v. State

4 Citing cases

  1. Allison v. State

    288 Ga. App. 482 (Ga. Ct. App. 2007)   Cited 14 times
    Noting that a judge cannot establish a valid waiver of a constitutional right to a trial by jury through mere conclusory statements

    See also State v. Futch, 279 Ga. 300, 301 (2) ( 612 SE2d 796) (2005); Foskey v. Battle, 277 Ga. 480, 482 (1) ( 591 SE2d 802) (2004). As a result, we disapprove of any statement to the contrary in McCollum v. State, 201 Ga. App. 493, 494 (1) ( 411 SE2d 328) (1991). (b) The remaining evidence before the trial court also fails to satisfy the State's burden of proving that Allison knowingly and intelligently waived his right to a jury trial.

  2. Safford v. State

    240 Ga. App. 80 (Ga. Ct. App. 1999)   Cited 7 times
    Noting that the trial court gave the defendant the opportunity to watch a bench trial before proceeding with his own

    Accordingly, we find no error. See Hansen v. State, 222 Ga. App. 537, 539 (3) ( 474 S.E.2d 735) (1996); McCollum v. State, 201 Ga. App. 493, 494 (1) ( 411 S.E.2d 328) (1991). Judgment affirmed. Smith and Eldridge, JJ., concur.

  3. Hansen v. State

    474 S.E.2d 735 (Ga. Ct. App. 1996)   Cited 8 times

    "[T]hough the evidence was in conflict, the record supports the trial court's finding that defendant consulted with his attorney and made an intelligent and knowing decision to waive this right." McCollum v. State, 201 Ga. App. 493 (1) ( 411 S.E.2d 328) (1991). "Since the [original] waiver of the jury trial was effective, it was [Hansen's] burden to revoke the waiver in such fashion so as not to delay the trial or impede the cause of justice.

  4. Lloyd v. State

    214 Ga. App. 564 (Ga. Ct. App. 1994)   Cited 11 times

    See Jones v. State, 207 Ga. App. 46, 48 (3) ( 427 S.E.2d 40) (1993). Deficient representation alone is not enough; prejudicial error resulting must also be shown. Strickland v. Washington, 466 U.S. 668 (104 SC 2052, 80 L.Ed.2d 674) (1984); McCollum v. State, 201 Ga. App. 493, 494 (2) ( 411 S.E.2d 328) (1991). Judgment affirmed. Andrews and Johnson, JJ., concur.