{"id":86971,"date":"2018-12-23T22:23:37","date_gmt":"2018-12-24T03:23:37","guid":{"rendered":"https:\/\/sentencing.net\/?p=86971"},"modified":"2019-11-05T15:40:31","modified_gmt":"2019-11-05T20:40:31","slug":"right-jury-trial","status":"publish","type":"post","link":"https:\/\/sentencing.net\/appeal\/right-jury-trial","title":{"rendered":"Challenging Waivers of Right to a Jury Trial"},"content":{"rendered":"\n\t
Federal courts are obligated to error on the finding that a constitutional right has not been waived in a criminal case. This is true for a defendant’s right to a jury trial. What is ordinarily a mundane issue of federal criminal procedure recently ended up generating an overturned conviction in a fraud case. In United States v. Laney<\/em>, the Ninth Circuit Court of Appeals ruled that two defendants’ fraud convictions had to be overturned because there was no evidence that they knowingly waived their right to a jury trial.<\/p>\nWhat Constitutes Waiver of a Defendant’s Right to a Jury Trial<\/h2>\n