Minnesota Statutes
Minn. Stat. § 631.01 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1979 c 233 s 42]
Notes of Decisions
Cited in 14
cases (4 in the last 5 years), 1954–2025 · leading case: State v. Lessley, 779 N.W.2d 825 (Minn. 2010).
State v. Lessley, 779 N.W.2d 825 (Minn. 2010). “2d at 602 . In dicta, we were skeptical of Gaulke's argument that a criminal defendant has an absolute right under Minn.”
State v. McKenzie, 532 N.W.2d 210 (Minn. 1995). “The court in Hoskins refers to the waiver provisions in Minn.Stat. § 631.01 as being controlling, however the statute was repealed in 1979 and superseded by the Rules of Criminal Procedure.”
State v. Super, 161 N.W.2d 832 (Minn. 1968). “01 and was prepared for trial on the misdemeanor charge, and upon the further ground that the court was advised by petitioner’s counsel that petitioner claimed the benefit of § 631.01, which states in part: “* * * If the charge against the accused be a misdemeanor, the trial may…”
State v. Kilburn, 231 N.W.2d 61 (Minn. 1975). “2(b) (Approved Draft, 1968) and continues substantially present Minnesota law (Minn.Stat. § 631.01 (1971)) except that waiver of jury trial by the defendant requires the approval of the court.”
State v. Schifsky, 69 N.W.2d 89 (Minn. 1955). “” *543 Section 631.01, requiring the appearance of defendant in person during trial if the charge be that of a felony or gross misdemeanor, provides: “An issue of fact arises upon a plea of not guilty, or upon a plea of former conviction or acquittal of the same offense.”
State v. Thompson, 62 N.W.2d 512 (Minn. 1954). “Despite § 631.01, which provides that a plea of a former conviction or acquittal of the same offense presents an issue of fact to be tried by the jury, the trial court did not err in withholding the issue of double jeopardy from the jury.”
State v. Hoskins, 193 N.W.2d 802 (Minn. 1972). “State, supra, a defendant’s right to waive a jury is a statutory right, and we must conclude that defendant never properly sought a waiver of a jury trial in compliance with the provisions of § 631.01. Defendant next contends that the trial court erred in refusing to honor an…”
State v. Gowdy, 113 N.W.2d 578 (Minn. 1962). “He signed a written waiver, as required by § 631.01. At no time during the trial did he indicate any dissatisfaction with his choice to be tried by the court.”
State v. Jesmer, 196 N.W.2d 924 (Minn. 1972). “Section 631.01 provides that a defendant in a criminal case has a right to a trial by jury.”
Gaulke v. State, 184 N.W.2d 599 (Minn. 1971). “) It will of course be observed that § 631.01, unlike Rule 23(a), does not expressly condition waiver upon the consent of either the prosecutor or the court, *359 The question, therefore, is whether Minn.”
Cappelli v. U.S. Bank Nat'l Ass'n (D. Minnesota 2025). “§ 631.01 (1) (2024). Again, all of the relevant transactions related to the creation and procurement of the Policy occurred in Wisconsin, the Wisconsin Trust and Sub-Trust were controlled by Wisconsin investors, and those trusts in turn procured, owned, and took delivery of the…”
Est. of Jacqueline Hopfinger v. U.S. Bank Nat'l Ass'n (D. Minnesota 2025). “Indeed, Wisconsin law explicitly provides that its laws on insurance contracts (including Section 631.”
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