plain showing waiver in Ohio

2009See State v. Walker (1993), 90 Ohio App.3d 352 , 356 , 629 N.E.2d 471 . {¶ 16} A waiver of the right to a jury trial will not be presumed from a silent record; however, when the record evidences a waiver, "the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made." Bays , 87 Ohio St.3d at 19 .

2007If you have any questions, now is the time to ask them.’ ” 87 Ohio St.3d at 18 , 716 N.E.2d 1126 . {¶ 39} The defendant then signed another waiver, which the judge accepted. {¶ 40} When Bays challenged the validity of his jury waiver, we stated: “[A] defendant need not have a complete or technical understanding of the jury trial right in order to knowingly and intelligently waive it.” 87 Ohio St.3d at 20 , 716 N.E.2d 1126 . “[I]f the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.” Id. at 19 , 716 N.

2007McCann (1942), 317 U.S. 269 , 281 .

2006McCann (1942), 317 U.S. 269 , 281 , 63 S.Ct. 236 . {¶ 15} In State v. Jells (1990), 53 Ohio St.3d 22 , certiorari denied (1991), 498 U.S. 1111 , 111 S.Ct. 1020 , the Supreme Court of Ohio stated that "[w]hile it may be better practice for the trial judge to enumerate all the possible implications of a waiver of a jury, there is no error in failing to do so." Id. at 26; see, also, State v. Thomas, 97 Ohio St.3d 309 , 2002-Ohio-6624 , at ¶ 26 , certiorari denied (2003), 539 U.S. 916 , 123 S.Ct. 2295 .

2019“However, if the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.” Id.

2018"However, if the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made." Id.

2022“The purpose of the ‘knowing and voluntary’ inquiry * * * is to determine whether the defendant actually does understand the significance and consequences of a particular decision and whether the decision is uncoerced.” (Emphasis sic.) Godinez v. Moran, 509 U.S. 389, 401 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993), fn. 12. {¶ 29} Waiver may not be presumed from a silent record; however, if the record shows that a jury waiver was executed, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.

2022“The purpose of the ‘knowing and voluntary’ inquiry * * * is to determine whether the defendant actually does understand the significance and consequences of a particular decision and whether the decision is uncoerced.” (Emphasis sic.) Godinez v. Moran, 509 U.S. 389, 401 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993), fn. 12. {¶ 29} Waiver may not be presumed from a silent record; however, if the record shows that a jury waiver was executed, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.

2022Furthermore, “‘[a] jury waiver must be voluntary, knowing, and intelligent.’” Id. at ¶ 9, quoting State v. Osie, 140 Ohio St.3d 131 , 2014-Ohio-2966, ¶ 45 . “‘[I]f the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.’” Id., quoting Osie at ¶ 45 . “‘[A] written waiver is presumptively voluntary, knowing, and intelligent.’” Id., quoting Osie at ¶ 45 . {¶37} Just before his trial was set to begin, Sutton elected to waive his right to a jury trial: [Trial Court]: The trial starts in seven minutes.

2022Furthermore, “‘[a] jury waiver must be voluntary, knowing, and intelligent.’” Id. at ¶ 9, quoting State v. Osie, 140 Ohio St.3d 131 , 2014-Ohio-2966, ¶ 45 . “‘[I]f the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.’” Id., quoting Osie at ¶ 45 . “‘[A] written waiver is presumptively voluntary, knowing, and intelligent.’” Id., quoting Osie at ¶ 45 . {¶37} Just before his trial was set to begin, Sutton elected to waive his right to a jury trial: [Trial Court]: The trial starts in seven minutes.

2009Id.

2007If you have any questions, now is the time to ask them.’ ” 87 Ohio St.3d at 18 , 716 N.E.2d 1126 . {¶ 39} The defendant then signed another waiver, which the judge accepted. {¶ 40} When Bays challenged the validity of his jury waiver, we stated: “[A] defendant need not have a complete or technical understanding of the jury trial right in order to knowingly and intelligently waive it.” 87 Ohio St.3d at 20 , 716 N.E.2d 1126 . “[I]f the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.” Id. at 19 , 716 N.

2007If you have any questions, now is the time to ask them.’ ” 87 Ohio St.3d at 18 , 716 N.E.2d 1126 . {¶ 39} The defendant then signed another waiver, which the judge accepted. {¶ 40} When Bays challenged the validity of his jury waiver, we stated: “[A] defendant need not have a complete or technical understanding of the jury trial right in order to knowingly and intelligently waive it.” 87 Ohio St.3d at 20 , 716 N.E.2d 1126 . “[I]f the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made.” Id. at 19 , 716 N.

2006McCann (1942), 317 U.S. 269 , 281 , 63 S.Ct. 236 . {¶ 15} In State v. Jells (1990), 53 Ohio St.3d 22 , certiorari denied (1991), 498 U.S. 1111 , 111 S.Ct. 1020 , the Supreme Court of Ohio stated that "[w]hile it may be better practice for the trial judge to enumerate all the possible implications of a waiver of a jury, there is no error in failing to do so." Id. at 26; see, also, State v. Thomas, 97 Ohio St.3d 309 , 2002-Ohio-6624 , at ¶ 26 , certiorari denied (2003), 539 U.S. 916 , 123 S.Ct. 2295 .

2006McCann (1942), 317 U.S. 269 , 281 , 63 S.Ct. 236 . {¶ 15} In State v. Jells (1990), 53 Ohio St.3d 22 , certiorari denied (1991), 498 U.S. 1111 , 111 S.Ct. 1020 , the Supreme Court of Ohio stated that "[w]hile it may be better practice for the trial judge to enumerate all the possible implications of a waiver of a jury, there is no error in failing to do so." Id. at 26; see, also, State v. Thomas, 97 Ohio St.3d 309 , 2002-Ohio-6624 , at ¶ 26 , certiorari denied (2003), 539 U.S. 916 , 123 S.Ct. 2295 .

2006Although waiver may not presumed from a silent record, Bays, at 19, "if the record shows a jury waiver, the verdict will not be set aside except on a plain showing that the waiver was not freely and intelligently made." Id., citing Adams v. United States ex rel.

2005State v. Fitzpatrick, 102 Ohio St.3d 321 , 2004-Ohio-3167 , ¶ 37 , citing Adams v. United States ex rel.