United States Second Circuit
US v. Carmenate, 072421
Conviction for bank fraud is affirmed where defendant's waiver of his constitutional right to a jury trial was knowing, voluntary, and intelligent in light of defendant's: 1) presence at a pre-trial conference at which his attorney requested a bench trial; 2) presence at another pre-trial conference at which the District Court requested a written waiver; 3) counsel's letter to the District Court requesting a bench trial; 4) oral waiver of his right after questioning by the District Court; and 5) personal knowledge of the criminal justice system.
Appellate Information
- Decided 09/24/2008
- Published 09/24/2008
Judges
Court
- United States Second Circuit