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To: streeeetwise

It is the defendant's right, not the state's, to have a jury trial.

If an accused has the right to waive a jury trial, he has that right. I don't see why there should be any issue. It is the accused, not the state, which has a right to a jury trial.

I trust the source, Martindale-Hubbell, and it clearly states the defendant can waive and opt for the bench trial. And that sounds right.


251 posted on 05/25/2006 4:31:48 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: David Allen

I hope you are right. While I don't know the law well in North Carolina, it is not the universal view. And Martindale-Hubbell is not a source, but a summary put together by non-practicing lawyers.


255 posted on 05/25/2006 4:57:15 PM PDT by streeeetwise
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