No. 23-357

Jacob Hilbert v. Missouri

Lower Court: Missouri
Docketed: 2023-10-04
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights criminal-procedure defendant-rights due-process jury-trial jury-trial-waiver split-of-authority trial-court-discretion waiver
Key Terms:
DueProcess Privacy
Latest Conference: 2023-11-17
Question Presented (AI Summary)

must a trial court obtain some personal acknowledgement from a criminal defendant that the defendant has waived the defendant's right to a jury trial for a purported waiver to be constitutionally sufficient?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner appeared for trial along with counsel. The trial court stated that defense counsel had represented that defense counsel wanted a bench trial, which defense counsel confirmed. The matter proceeded to bench trial. Midway through the bench trial, the prosecutor asked the trial court if a written waiver of the right to a jury trial had been filed. Defense counsel indicated he would file a written waiver. No written waiver was filed. Petitioner was convicted. On appeal, the Missouri Supreme Court held that a constitutionally valid waiver of the right to jury trial did not require any affirmative action of the defendant, as long as the record established a knowing, intelligent, and valid waiver. The question presented is: must a trial court obtain some personal acknowledgement from a criminal defendant that the defendant has waived the defendant’s right to a jury trial for a purported waiver to be constitutionally sufficient? i

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-30
Waiver of right of respondent State of Missouri to respond filed.
2023-09-28
2023-07-25
Application (23A65) granted by Justice Kavanaugh extending the time to file until September 29, 2023.
2023-07-20
Application (23A65) to extend the time to file a petition for a writ of certiorari from July 31, 2023 to September 29, 2023, submitted to Justice Kavanaugh.

Attorneys

Jacob Hilbert
N. Scott RosenblumRosenblum, Schwartz, Fry & Johnson, Petitioner
State of Missouri
Daniel N. McPhersonAssistant Attorney General, Respondent