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SMITH v. ZIMMERMAN

No. 84-1663.

768 F.2d 69 (1985)

Robert SMITH v. Charles ZIMMERMAN, Superintendent and The Attorney General of the State of Pennsylvania the District Attorney of Philadelphia County. Appeal of Edward G. RENDELL, District Attorney of Philadelphia, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 16, 1985.

Attorney(s) appearing for the Case

Andrew R. Rogoff, Attorney-in-Charge, Special Litigation, (argued), Eric B. Henson, Deputy Dist. Atty., Edward G. Rendell, Dist. Atty., Philadelphia, Pa., for appellant.

Leonard S. Sosnov, Asst. Defender (argued), John W. Packel, Asst. Defender, Chief, Appeals Div., Benjamin Lerner, Defender Defender Association of Philadelphia, Philadelphia, Pa., for appellee.

Before SEITZ, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case comes to us in an unusual posture. The federal constitution guarantees a defendant in a criminal case an unconditional right to a trial by jury. It makes no mention of any correlative right of a defendant to have his case decided by a judge when he tactically deems it advantageous. The petitioner in this appeal seeks a writ of habeas corpus because he claims that...

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