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· 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 CourtListener

Sourced 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.