Martin v. Maxwell
Martin v. Maxwell
Opinion of the Court
The single contention made by petitioner is that he did not sign a written waiver of jury as required by Section 2945.05, Revised Code, and therefore his conviction was void.
Inasmuch as petitioner entered a plea of guilty to the indictment, his contention is without foundation.
The provisions of Section 2945.05, Revised Code, requiring the filing of a written waiver of a trial by jury are not applicable where a plea of guilty is entered by an accused. The failure in such an instance to file a waiver does not deprive an accused of any of his constitutional rights nor does it deprive the court of its jurisdiction. Rodrigues v. Sacks, Warden, 173 Ohio St., 456; Vertz v. Sacks, Warden, 173 Ohio St., 459; and Norton v. Green, Supt., 173 Ohio St., 531.
The petitioner in the instant case has shown no denial of
Petitioner remanded to custody.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.