· 12/8/2004
State v. Gornick
Citations
- 102 P.3d 734
- 196 Or. App. 397
- 2004 Ore. App. LEXIS 1611
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- refusing to infer from defendant’s admission to indictment allegations and general guilty plea that defendant had waived right to jury trial pursuant to Blakely
- refusing to infer from defendant’s admission to indictment allegations and general guilty plea that defendant had waived right to jury trial pursuant to Blakely
- rejecting argument that aggravating factors must be pleaded in the indictment
- a waiver of the constitutional right to a jury trial cannot be presumed from a silent record, but requires express consent
- “To be valid, a waiver must be an intentional relinquishment or abandonment of a known right or privilege.” (internal quotation marks and citation omitted)
- a waiver of the constitutional right to a jury trial cannot be presumed from a silent record, but requires express consent
Source: CourtListener parenthetical corpus (CC0).
Judges: Landau, Brewer, Armstrong
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.