Dadouch v. State

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The Supreme Court reversed Defendant's conviction of Class A misdemeanor domestic battery, holding that Defendant did not validly waive his right to a jury trial. In the underlying proceedings Defendant signed two advisement of rights forms. By the time he signed the second form the deadline to request a jury trial had passed. Neither form advised Defendant of the timeline to file a demand for a jury trial and that his failure to file a demand within that period would result in the waiver of his right. Further, the first advisement of rights did not inform Defendant that his demand for a jury trial had to be in writing. The Supreme Court held that Defendant did not validly waive his right to a jury trial. Because the evidence was sufficient to support the conviction, the Court noted that the State was free to retry Defendant. View "Dadouch v. State" on Justia Law