California, United States of America
The following excerpt is from People v. Dixon, A157244 (Cal. App. 2021):
counsel.' [Citation.] . . . Moreover, 'a defendant's waiver of the right to jury trial may not be accepted by the court unless it is knowing and intelligent, that is, " ' "made with a full awareness both of the nature of the right being abandoned and the consequences of the decision to abandon it," ' " as well as voluntary " ' "in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion or deception." ' " ' [Citations.] '[W]hether or not there is an intelligent, competent, self-protecting waiver of jury trial by an accused must depend upon the unique circumstances of each case.' " (People v. Sivongxxay (2017) 3 Cal.5th 151, 166 (Sivongxxay).)
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