United States Eighth Circuit

State court determination that defendant waived his right to a jury trial was unreasonable and contrary to clearly established federal law. When a defendant is deprived of his right to trial by jury, the error is structural and requires automatic reversal.

Appellate Information

• Decided 11/12/2002
• Published 11/12/2002

Judges

• HEANEY, Circuit Judge., Before WOLLMAN, HEANEY and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Hawke, Asst. MO Atty. Gen. (argued), Jefferson City, MO, for appellant.


• For Appellees:
  
• Robert Herman (argued), St. Louis, MO, for appellee.