Post-Conviction Relief for Immigrants

(B)  California Law.  The California Constitution also requires that a jury trial must be expressly and knowingly waived in open court personally by the accused,[293] and the California courts have repeatedly emphasized the fundamental nature of the right to trial by jury.[294]

            A valid jury waiver is constitutionally required.[295]  Any error with respect to a constitutionally required admonition and waiver is error per se.[296]  A harmless error standard does not apply to an inadequate jury waiver because the right to trial by jury is fundamental under the federal constitution, and its denial is “structural error,” warranting reversal without requiring a showing of prejudice.[297]  Under the California Constitution, the right to jury trial is also fundamental, and its denial is considered a “structural defect in the proceedings,” resulting in a “miscarriage of justice” within the meaning of California Constitution, article VI, section 13.[298]  A per se rule of reversal applies not only with respect to the failure to obtain a knowing waiver of the constitutional right to a jury trial, but also to an involuntary waiver obtained as the result of coercion by the trial court.[299]

Where the defendant wishes to waive jury, but will present evidence and contest guilt before the court in a bench trial, the record must still reflect that the defendant understood the nature of his or her right to a jury trial, and waived it intelligently and understandingly.[300]

[293] Cal. Const., Art. I, § 16; People v. Ernst, 8 Cal.4th 441, 448 (1994) (anything less than personal waiver by defendant of right to jury trial requires reversal of resulting conviction); People v. Holmes, 54 Cal.2d 442, 442 (1960) (waiver of right to jury trial cannot be implied from conduct).

[294] People v. Collins, 26 Cal.4th 297 (2001).

[295] People v. Wright, 43 Cal.3d 487, 493, 233 Cal.Rptr. 69, 72 (1987).

[296] Id., 43 Cal.3d at 494, 233 Cal.Rptr. at 72; see also People v. Collins, 26 Cal.4th 297 (2001).

[297] People v. Collins, 26 Cal.4th 297 (2001).

[298] Ibid.

[299] Ibid.

[300] See People v. Lookadoo, 66 Cal.2d 307, 311, 57 Cal.Rptr. 608, 610 (1967).