565.006. Waiver of jury trial permitted, when. — 1. At any time before the commencement of the trial of a homicide offense, the defendant may, with the assent of the court, waive a trial by jury and agree to submit all issues in the case to the court, whose finding shall have the force and effect of a verdict of a jury. Such a waiver must include a waiver of a trial by jury of all issues and offenses charged in the case, including the punishment to be assessed and imposed if the defendant is found guilty.
2. No defendant who pleads guilty to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.
3. If a defendant is found guilty of murder in the first degree after a jury trial in which the state has not waived the death penalty, the defendant may not waive a jury trial of the issue of the punishment to be imposed, except by agreement with the state and the court.
4. Any waiver of a jury trial and agreement permitted by this section shall be entered in the court record.
Notes of Decisions
Cited in
36
cases, 1980–2017 · leading case:
State v. Bolder, 635 S.W.2d 673 (Mo. 1982).
State v. Bolder, 635 S.W.2d 673 (Mo. 1982).
· cites it 18× “C Appellant next contends that the aggravating circumstance the jury found in this case, that "[t]he capital murder was committed by a person in .”
State Ex Rel. Westfall v. Mason, 594 S.W.2d 908 (Mo. 1980).
· cites it 24× “That trial resulted in a verdict of guilty on all counts including capital murder, October 11, 1978.”
State v. Bibb, 702 S.W.2d 462 (Mo. 1985).
· cites it 19× “This appeal is from imposition by the trial judge of a sentence of death on the capital murder charge and requires construction and application of § 565.006, RSMo (Supp.1982 and Cum.Supp.1983) (Repealed by Laws of 1983 and effective until October 1, 1984), as it read when the…”
State v. Newlon, 627 S.W.2d 606 (Mo. 1982).
· cites it 6× “Direct appeal to this Court lies in such cases for consideration of the punishment assessed, § 565.014, RSMo 1978, as well as the several claims of error.”
State Ex Rel. Taylor v. Steele, 341 S.W.3d 634 (Mo. 2011).
· cites it 12× “Counsel Martin McLain testified that he was unaware that section 565.006 gave the State an option to agree to a jury trial of punishment even if defendant pleaded guilty, and so he never told Mr.”
State v. Trimble, 638 S.W.2d 726 (Mo. 1982).
· cites it 6× “Section 565.006, RSMo 1978, states that "[a]t the conclusion of all trials upon an indictment or information for capital murder heard by a jury, and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty…”
Marshall v. Lonberger, 459 U.S. 422 (1983).
· cites it 2× “1982); Mo. Rev. Stat. § 565.006 (Supp. 1982); Mont.”
State v. Roberts, 709 S.W.2d 857 (Mo. 1986).
· cites it 4× “Does the jury understand that the jury doesn't sentence the Defendant to death? [12] We find no cases in which the cited portion of § 565.006, RSMo 1978, had been construed by the courts.”
State ex rel. Carr v. Wallace, 527 S.W.3d 55 (Mo. 2017).
· cites it 3× “1, which provided: Persons convicted of the offense of capital murder shall, if the judge or jury so recommends after complying with the provisions of sections 565.006 and 565.012, be punished by death.”
State v. Reynolds, 608 S.W.2d 422 (Mo. 1980).
· cites it 6× “Appellant contends that, in view of the reference by the prosecutor on jury voir dire to the range of punishment for each of the offenses, the failure to include that element in the instruction caused the instruction to be “incomplete, ambiguous and confusing to the jury,”…”
State v. Craig, 642 S.W.2d 98 (Mo. 1982).
· cites it 6× “Section 565.006 was drafted in response to this Court’s decision in State v.”
State v. Anderson, 306 S.W.3d 529 (Mo. 2010).
· cites it 2× “[5] Compare sections 565.006 to 565.014, RSMo Supp.1977, with MODEL PENAL CODE section 210.”
— Mo. Rev. Stat. § 565.006(1) — 1 case
State v. Bolder, 635 S.W.2d 673 (Mo. 1982).
“C Appellant next contends that the aggravating circumstance the jury found in this case, that "[t]he capital murder was committed by a person in .”
— Mo. Rev. Stat. § 565.006(2) — 4 cases
State Ex Rel. Westfall v. Mason, 594 S.W.2d 908 (Mo. 1980).
“That trial resulted in a verdict of guilty on all counts including capital murder, October 11, 1978.”
State v. Bolder, 635 S.W.2d 673 (Mo. 1982).
“C Appellant next contends that the aggravating circumstance the jury found in this case, that "[t]he capital murder was committed by a person in .”
State v. Craig, 642 S.W.2d 98 (Mo. 1982).
“Section 565.006 was drafted in response to this Court’s decision in State v.”
— Mo. Rev. Stat. § 565.006(3) — 1 case
State Ex Rel. Westfall v. Mason, 594 S.W.2d 908 (Mo. 1980).
“That trial resulted in a verdict of guilty on all counts including capital murder, October 11, 1978.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.