Whether the Missouri Court of Appeals erred in holding that a jury trial waiver does not require the record to show the defendant understood all fundamental attributes of the right to a jury trial

Petitioner, a Chinese national, appeals from his conviction for three sexual offense counts and sentence of ten years in prison. Petitioner purported to waive his right to a jury trial. During the waiver colloquy, the trial court never determined whether Petitioner understood the jury would be chosen from a cross-section of the community, he could participate in its selection, and all jurors would have to agree beyond a reasonable doubt to convict him. The Missouri Court of Appeals held Petitioner’s intelligent to satisfy the Sixth and Fourteenth Amendments. The question presented is: courts, including every circuit to have analyzed this issue, the Missouri Court of Appeals erred in holding jury trial does not require the record to show the defendant understood all the fundamental attributes of that right, including that the jury would be chosen from a cross-section of the community, he could participate in its selection, and all jurors would have to agree beyond a reasonable doubt to convict. ii RELATED CASES • State v. Bu , No. 20BA-CR03646-01, Circuit Court of Boone County, Missouri. Judgment entered Aug. 8, 2023. • State v. Bu , No. WD86487, Missouri Court of Appeals, Western District. Judgment entered Nov. 12, 2024. • State v. Bu , No. SC100917, Supreme Court of Missouri. Judgment entered Mar. 4, 2025.