565.006. Waiver of jury trial permitted, when. - Missouri Statutes

Waiver of jury trial permitted, when.

565.006. 1. At any time before the commencement of thetrial of a homicide offense, the defendant may, with the assentof the court, waive a trial by jury and agree to submit allissues in the case to the court, whose finding shall have theforce and effect of a verdict of a jury. Such a waiver mustinclude a waiver of a trial by jury of all issues and offensescharged in the case, including the punishment to be assessed andimposed if the defendant is found guilty.

2. No defendant who pleads guilty to a homicide offense orwho is found guilty of a homicide offense after trial to thecourt without a jury shall be permitted a trial by jury on theissue of the punishment to be imposed, except by agreement of thestate.

3. If a defendant is found guilty of murder in the firstdegree after a jury trial in which the state has not waived thedeath penalty, the defendant may not waive a jury trial of theissue of the punishment to be imposed, except by agreement withthe state and the court.

4. Any waiver of a jury trial and agreement permitted bythis section shall be entered in the court record.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-1-84

*No continuity with § 565.006 as repealed by L. 1983 S.B. 276.

(2002) Arizona statute allowing trial judge to determine presence or absence of aggravating factors required for imposition of death penalty violates Sixth Amendment right to a jury trial. Ring v. Arizona, 122 S.Ct. 2428 (U.S. Supreme Court).