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Jury Trial Waiver Without Court Examination OK'd

By Jonathan Byrne

US v. Boynes: Boynes was charged with drug and firearm offenses arising from "a cocaine deal that degenerated into a murder." Prior to trial, Boynes requested new counsel, alleging that the relationship with his initially appointed counsel had become "adversarial." New counsel was appointed. Eventually, Boynes also requested that his new counsel be replaced, due to the "adversarial" nature of their relationship. That request was denied and trial preparations went forward. Prior to trial, counsel met with Boynes, who requested that he be tried by a judge, rather than a jury. Counsel filed the motion, the Government agreed, and the district court accepted the waiver. No hearing was held on the motion to waive a jury trial. At trial, Boynes was convicted on all counts...continue to full post

Full post as published by Fourth Circuit Blog on February 05, 2008 (boomark / email).