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To: All

The defendant in a felony case in North Carolina has a right to a jury trial and it is a right he can waive, in favor of a bench trial.

It's found in the North Carolina Constitution at section 24, and in North Carolina General Statutes at Rule 39, and also in subchapter XII, article 71.

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_39.html

http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-1201.html


199 posted on 05/25/2006 2:56:51 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: David Allen

These rules require the consent of the "parties", plural to waive a jury. The right to a jury trial does not mean the right to waive. Again, I could be wrong, but this is the plain language of the rule.


210 posted on 05/25/2006 3:14:14 PM PDT by streeeetwise
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To: David Allen

According to several NC lawyers, all felony trials are jury trials and the defense cannot get a bench ("court") trial.


235 posted on 05/25/2006 3:49:56 PM PDT by Jezebelle
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