State v. Simmons

74 So. 3d 711, 2011 WL 5120681
Supreme Court of Louisiana·Decided October 11, 2011·No. 2011-KK-2130·Published·Cited by 6 cases

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.

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State v. Simmons, 74 So. 3d 711, 2011 WL 5120681 (La. 2011).

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