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STATE v. LIVINGSTON

No. 89-1005-CR.

159 Wis.2d 561 (1991)

464 N.W.2d 839

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Robert L. LIVINGSTON, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 29, 1991.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Daniel J. O'Brien, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendant-appellant there was a brief by Robert A. Ferg and Sinclair & Ferg, Ltd., Chippewa Falls and oral argument by Robert A. Ferg.

STEINMETZ, J.

The issue in this case is whether a criminal jury trial waiver by defense counsel is a personal waiver by the defendant under sec. 972.02(1), Stats.1

A second issue raised by the state is whether the state is entitled to a remand for a hearing to inquire into the defendant's intelligence, knowledge and understanding of the purpose and function of a jury trial when the defendant...

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