State v. Simmons

Supreme Court of Louisiana
State v. Simmons, 74 So. 3d 711 (La. 2011)
2011 WL 5120681
Johnson and Weimer

State v. Simmons

Opinion

74 So.3d 711 (2011)

STATE of Louisiana
v.
James SIMMONS.

No. 2011-KK-2130.

Supreme Court of Louisiana.

October 11, 2011.

Granted. Although the Defendant did not make a jury waiver "no later than 45 days prior to trial," the State did not object and the case proceeded to trial, ending in a mistrial. The ruling of the trial court allowing the Defendant to revoke his irrevocable waiver of a jury trial is therefore reversed, and the case is remanded to the trial court for a bench trial.

JOHNSON and WEIMER, JJ., would grant and docket.

Reference

Cited By
6 cases
Status
Published