State v. Simmons
Supreme Court of Louisiana
State v. Simmons, 74 So. 3d 711 (La. 2011)
2011 La. LEXIS 2506
Docket, Grant, Johnson, Weimer
State v. Simmons
Opinion of the Court
In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. K, No. 494-820; to the Court of Appeal, Fourth Circuit, No. 2011-K-0979.
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.
Reference
- Full Case Name
- STATE of Louisiana v. James SIMMONS
- Status
- Published