STATE v. HARRELL

(CC CR060548; CA A138184; SC S059513; CC C071438CR; CA A138740; SC S059461).

297 P.3d 461 (2013)

353 Or. 247

STATE of Oregon, Respondent on Review, v. James Anthony HARRELL, Petitioner on Review. State of Oregon, Respondent on Review, v. Samuel Allen Wilson, Petitioner on Review.

Supreme Court of Oregon.

Decided February 28, 2013.


Attorney(s) appearing for the Case

Anna Fujita Munsey , Senior Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review James Anthony Harrell. With her on the briefs was Peter Gartlan , Chief Defender. Joshua B. Crowther , Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review Samuel Allen Wilson. With him on the brief was Peter Gartlan , Chief Defender.

Jeremy C. Rice , Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the briefs were John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Ryan Kahn , Assistant Attorney General.

Jesse Wm. Barton , Salem, filed a brief on behalf of amicus curiae The Bunker Project.

Before BALMER, Chief Justice, and KISTLER, WALTERS, and LINDER, Justices, and DURHAM and De MUNIZ, Senior Judges, Justices pro tempore.


DE MUNIZ, Justice pro tempore.

In these two criminal cases, consolidated for purposes of opinion, each defendant attempted to waive his constitutional right to a jury trial as guaranteed by Article I, section 11, of the Oregon Constitution.1 In both cases, the trial court refused to consent to the waiver, and juries subsequently convicted each defendant of the charges against him. In State v. Harrell, 241 Or.App...

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