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14 Pennsylvania opinions name it 2 courts 2008–2026 8 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Williamsgreen2 sentences2022The essential elements of a jury waiver “are the requirements that the jury be chosen from members of the community (a jury of one’s peers), that the verdict be unanimous, and that the accused be allowed to participate in the selection of the jury panel.” Commonwealth v. Williams, 312 A.2d 597, 600 (Pa. 1973). “[T]he use of a written jury trial waiver form has been deemed sufficient in the absence of an oral jury trial waiver colloquy.” Commonwealth v. Michaud, 70 A.3d 862, 870 (Pa. Super. 2013), citing Williams, 312 A.2d at 599-600 . - 11 - J-A17044-22 When a presumptively-valid waiver is col 2022The essential elements of a jury waiver “are the requirements that the jury be chosen from members of the community (a jury of one’s peers), that the verdict be unanimous, and that the accused be allowed to participate in the selection of the jury panel.” Commonwealth v. Williams, 312 A.2d 597, 600 (Pa. 1973). “[T]he use of a written jury trial waiver form has been deemed sufficient in the absence of an oral jury trial waiver colloquy.” Commonwealth v. Michaud, 70 A.3d 862, 870 (Pa. Super. 2013), citing Williams, 312 A.2d at 599-600 . - 11 - J-A17044-22 When a presumptively-valid waiver is col | 5 | 8 |
Commonwealth v. Smithgreen2 sentences2025Williams, 312 A.2d at 599-600 (rejecting request for per se prophylactic rule requiring relief whenever Rule 1101 (predecessor to Rule 620) is violated; if other evidence proves waiver was knowing and voluntary, purpose of Rule is served); Smith, 450 A.2d at 974 (written waiver form “must be accorded prima facie validity”). 2017Williams, 312 A.2d at 599-600 (rejecting request for per se prophylactic rule requiring relief whenever Rule 1101 (predecessor to Rule 620) is violated; if other evidence proves waiver was knowing and voluntary, purpose of Rule is served); Smith, 450 A.2d at 974 (written waiver form “must be accorded prima facie validity”). -7- J. | 4 | 4 |
Com. Pennsylvania v. Smithgreen2 sentences2026See Smith, 181 A.3d at 1175 (explaining that “the use of a written jury trial waiver form [is] sufficient in the absence of an oral jury trial waiver colloquy”). 2020Notwithstanding the Rule’s reference to a “colloquy on the record,” the use of a written jury trial waiver form has been deemed sufficient in the absence of an oral jury trial waiver colloquy. -7- J-S52022-19 Commonwealth v. Smith, 181 A.3d 1168, 1175-76 (Pa. Super. 2018) (citation omitted). | 2 | 2 |
Commonwealth v. Mallorygreen2 sentences2025Moreover, “the use of a written jury trial waiver form has been deemed -8- J-A02029-25 sufficient in the absence of an oral jury trial waiver colloquy.” Commonwealth v. Mallory, 941 A.2d 686, 697 (Pa. 2008); see also id. (“[T]he absence of an on-the-record colloquy concerning the fundamentals of a trial by jury does not prove, in an absolute sense, that a defendant failed to understand the right he waived by proceeding non-jury.”). 2025Moreover, “the use of a written jury trial waiver form has been deemed -8- J-A02029-25 sufficient in the absence of an oral jury trial waiver colloquy.” Commonwealth v. Mallory, 941 A.2d 686, 697 (Pa. 2008); see also id. (“[T]he absence of an on-the-record colloquy concerning the fundamentals of a trial by jury does not prove, in an absolute sense, that a defendant failed to understand the right he waived by proceeding non-jury.”). | 1 | 3 |
Commonwealth v. Michaudgreen1 sentence2022The essential elements of a jury waiver “are the requirements that the jury be chosen from members of the community (a jury of one’s peers), that the verdict be unanimous, and that the accused be allowed to participate in the selection of the jury panel.” Commonwealth v. Williams, 312 A.2d 597, 600 (Pa. 1973). “[T]he use of a written jury trial waiver form has been deemed sufficient in the absence of an oral jury trial waiver colloquy.” Commonwealth v. Michaud, 70 A.3d 862, 870 (Pa. Super. 2013), citing Williams, 312 A.2d at 599-600 . - 11 - J-A17044-22 When a presumptively-valid waiver is col | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Williams
green
1 sentence2021He maintains that “[t]he trial record is silent and offers no documentation to establish that a written jury trial waiver form was signed by [Garcia] or that an oral colloquy was performed[.]” Id. | 1 | 2021–2021 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.