State v. Hanson

Supreme Court of South Carolina

State v. Hanson

331 S.E.2d 782, 285 S.C. 543, 1985 S.C. LEXIS 446

CourtSupreme Court of South Carolina

DecidedJune 12, 1985

Docket22344

StatusPublished

This text of 331 S.E.2d 782 (State v. Hanson) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hanson, 331 S.E.2d 782, 285 S.C. 543, 1985 S.C. LEXIS 446 (S.C. 1985).

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Opinion

Per Curiam:

Respondent was charged in magistrate’s court with reckless driving. The magistrate denied the State’s motion for a jury trial and the circuit court affirmed. We reverse.

A defendant’s waiver of a jury trial is conditioned upon the consent of the prosecutor and the trial judge. State v. Shuck, 278 S. C. 441, 298 S. E. (2d) 95 (1982). If either objects to the waiver, the defendant must be tried by a jury. State v. Burgin, 255 S. C. 237, 178 S. E. (2d) 325, rev’d on other grounds, 404 U. S. 806, 92 S. Ct. 46, 30 L. Ed. (2d) 39 (1971). See also Singer v. United States, 380 U. S. 24, 85 S. Ct. 783, 13 L. Ed. (2d) 630 (1965). This same rule applies in magistrate’s court. State v. Nash, 51 S. C. 319, 28 S. E. 946 (1898).

When the State objected to the defendant’s waiver of a jury trial, the trial judge should have empaneled a jury. The judgment of the lower court is reversed and the case is remanded for trial by jury.

Reversed and remanded.

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Per Curiam:

Respondent was charged in magistrate’s court with reckless driving. The magistrate denied the State’s motion for a jury trial and the circuit court affirmed. We reverse.

A defendant’s waiver of a jury trial is conditioned upon the consent of the prosecutor and the trial judge. State v. Shuck, 278 S. C. 441, 298 S. E. (2d) 95 (1982). If either objects to the waiver, the defendant must be tried by a jury. State v. Burgin, 255 S. C. 237, 178 S. E. (2d) 325, rev’d on other grounds, 404 U. S. 806, 92 S. Ct. 46, 30 L. Ed. (2d) 39 (1971). See also Singer v. United States, 380 U. S. 24, 85 S. Ct. 783, 13 L. Ed. (2d) 630 (1965). This same rule applies in magistrate’s court. State v. Nash, 51 S. C. 319, 28 S. E. 946 (1898).

When the State objected to the defendant’s waiver of a jury trial, the trial judge should have empaneled a jury. The judgment of the lower court is reversed and the case is remanded for trial by jury.

Reversed and remanded.

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Bluebook (online)

331 S.E.2d 782, 285 S.C. 543, 1985 S.C. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hanson-sc-1985.

Opinion

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