PEOPLE v. SCOTT

No. 84678.

710 N.E.2d 833 (1999)

186 Ill.2d 283

238 Ill.Dec. 36

The PEOPLE of the State of Illinois, Appellant, v. Jerry R. SCOTT, Appellee.

Supreme Court of Illinois.

April 15, 1999.


Attorney(s) appearing for the Case

Rebecca Zavett, William L. Browers, Assistant Attorneys General, Chicago, State's Attorney Wayne County, Fairfield, for the People.

Larry R. Wells, Asst. Appellate Defender, Mt. Vernon, for Jerry R. Scott.

Timothy P. O'Neill, The John Marshall Law School, Chicago, for Amicus Curiae, Timothy P. O'Neill.


Justice HEIPLE delivered the opinion of the court:

The sole issue for consideration by this court is whether a written waiver alone validly waives a defendant's right to a jury trial. We hold that it does not.

Defendant executed a written jury waiver in his attorney's office, which was later filed outside of defendant's presence. Thereafter, on the day of trial and in defendant's presence, the following exchange occurred between his attorney and the trial...

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