written jury trial waiver (Illinois) · Go Syfert
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written jury trial waiver in Illinois

14 Illinois opinions name it 2 courts 1997–2026 4 in the last five years

The cases below were cited by Illinois 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.

Followed or applied (7)

CaseFollowedCited
People v. Steigergreen
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 1998–2022
2 sentences

1998While a written jury trial waiver alone does not demonstrate the defendant’s understanding (Stokes, 281 Ill. App. 3d at 978 ), “the signed jury waiver *** lessens the probability that the waiver was not made knowingly” (People v. Steiger, 208 Ill. App. 3d 979, 982 , 567 N.E.2d 660 (1991)).

1998While a written jury trial waiver alone does not demonstrate the defendant’s understanding (Stokes, 281 Ill. App. 3d at 978 ), “the signed jury waiver *** lessens the probability that the waiver was not made knowingly” (People v. Steiger, 208 Ill. App. 3d 979, 982 , 567 N.E.2d 660 (1991)).

13
People v. Toolesgreen
ill · 1997 · cited in 2 Illinois opinions naming this issue, 1998–2023
2 sentences

2023Tooles, 177 Ill. 2d at 464 . ¶ 44 Although defendant did not challenge the validity of his jury trial waiver below, our supreme court has said that “ ‘[w]hether a defendant’s fundamental right to a jury trial has been violated is a matter that may be considered under the plain error rule.’ ” People v. Hutt, 2023 IL 128170, ¶ 28 (quoting Bracey, 213 Ill. 2d at 270 ).

1998See also Tooles , 177 Ill. 2d at 468 (a written waiver is not required as long as the defendant understandingly waives a jury trial).

12
People v. Scottgreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2023–2023
2 sentences

2023Id. at 284 .

2023Defendant argues the record shows that his silence in light of his counsel’s representation that defendant was ready for a bench trial on the DUI count did not indicate acquiescence because defendant believed he no longer had the right to a jury trial, like the defendant in People v. Scott, 186 Ill. 2d 283 (1999). ¶ 35 In Scott, the defendant had executed a written jury trial waiver in his attorney’s office, which was later filed with the court outside of the defendant’s presence.

12
People v. Dockerygreen
illappct · 1998 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999Dockery, 296 Ill.

1999People v. Dockery, 296 Ill.

12
People v. Huttgreen
ill · 2023 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Tooles, 177 Ill. 2d at 464 . ¶ 44 Although defendant did not challenge the validity of his jury trial waiver below, our supreme court has said that “ ‘[w]hether a defendant’s fundamental right to a jury trial has been violated is a matter that may be considered under the plain error rule.’ ” People v. Hutt, 2023 IL 128170, ¶ 28 (quoting Bracey, 213 Ill. 2d at 270 ).

11
People v. Rincongreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Although a written jury waiver is not dispositive, the presence of a “‘signed jury waiver…lessens the probability that the -19- 1-20-0274 waiver was not made knowingly.’” People v. Rincon, 387 Ill.App.3d 708, 720 (2nd Dist. 2008) (quoting People v. Steiger, 208 Ill.App.3d 979, 982 (2nd Dist. 1991).

11
People v. Steidlgreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 1998–1998
1 sentence

1998See also Tooles, 177 Ill. 2d at 468 (a written waiver is not required as long as the defendant understandingly waives a jury trial).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
People v. Muoi Phuong green
illappct · 1997
2 sentences

2019Although the court acknowledged that the defendant had signed a written jury trial waiver form, it indicated that it was “not convinced that the mere translation of the waiver form adequately conveyed its meaning to defendant.” Id.

2018Although the court acknowledged that the defendant had signed a written jury trial waiver form, it indicated that it was "not convinced that the mere translation of the waiver form adequately conveyed its meaning to defendant." Id.

42016–2019
People v. Stokes green
illappct · 1996
2 sentences

1998While a written jury trial waiver alone does not demonstrate the defendant’s understanding (Stokes, 281 Ill. App. 3d at 978 ), “the signed jury waiver *** lessens the probability that the waiver was not made knowingly” (People v. Steiger, 208 Ill. App. 3d 979, 982 , 567 N.E.2d 660 (1991)).

1998While a written jury trial waiver alone does not demonstrate the defendant's understanding ( Stokes , 281 Ill. App. 3d at 978 ), "the signed waiver *** lessens the probability that the waiver was not made knowingly" ( People v. Steiger , 208 Ill. App. 3d 979, 982 , 567 N.E.2d 660 (1991)).

21998–1998
People v. Silas green
illappct · 1996
2 sentences

1997In People v. Silas, 278 Ill. App. 3d 400 (2d Dist. 1996), defendant agreed to a stipulated bench trial but did not execute a written jury trial waiver.

1997In People v. Silas , 278 Ill. App. 3d 400 (2d Dist. 1996), defendant agreed to a stipulated bench trial, but did not execute a written jury trial waiver.

21997–1997
The People v. Sailor green
ill · 1969
1 sentence

2026We have not required that the record affirmatively establish that the court advised defendant of his right to a jury trial and elicited his waiver of that right (Murrell), nor that the court or counsel advised defendant of the consequences of the waiver.” Id. ¶ 50 Here, the record shows that defendant provided his wet signature on a written jury trial waiver on the same day of an open court proceeding he attended with his attorney.

12026–2026
People v. Moon green
ill · 2022
1 sentence

2023Moon, 2022 IL 125959, ¶ 22 . - 12 - ¶ 45 On March 1, 2021, immediately after taking a recess to speak with defendant, Ripley tendered a written jury trial waiver to the trial court.

12023–2023
People v. Sebag green
illappct · 1982
1 sentence

2023Sebag, 110 Ill.

12023–2023
People v. Bracey green
ill · 2004
1 sentence

2023Tooles, 177 Ill. 2d at 464 . ¶ 44 Although defendant did not challenge the validity of his jury trial waiver below, our supreme court has said that “ ‘[w]hether a defendant’s fundamental right to a jury trial has been violated is a matter that may be considered under the plain error rule.’ ” People v. Hutt, 2023 IL 128170, ¶ 28 (quoting Bracey, 213 Ill. 2d at 270 ).

12023–2023

Statutes the citing opinions construe

IL § 725 ILCS 5/103-6 (7) IL § 725 ILCS 5/115-1 (6) IL § 30 ILCS 105/6z-82 (4) IL § 55 ILCS 5/3-4012 (4) IL § 55 ILCS 5/4-2002 (4) IL § 705 ILCS 105/27.3a (4) IL § 705 ILCS 105/27.3e (4) IL § 725 ILCS 5/110-14 (4) IL § 730 ILCS 5/5-4.5-30 (4) IL § 625 ILCS 5/11-204 (3) IL § 720 ILCS 5/19-3 (3) IL § 725 ILCS 5/101-1 (3)

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.

Where else courts name it

PA 14 (2008–2026) IL 14 (1997–2026) TX 12 (1998–2023) OH 11 (1999–2024) WA 6 (2010–2023) OR 4 (2003–2017) MA 4 (2008–2018) HI 3 (2019–2022) MD 2 (1998–2010) NY 2 (2000–2024) IN 2 (2015–2020)

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.

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