· 11/20/1981
United States v. Clayton R. Page, III
Citations
- 661 F.2d 1080
- 60 A.L.R. Fed. 176
- 1981 U.S. App. LEXIS 15837
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding, although the defendant neither signed a written waiver nor made any affirmative statement to the court regarding waiver, his waiver was valid because, among other reasons, he was a “learned, articulate man suffering neither language nor perceptive difficulty”
- finding invited error when “[n]either Page nor his counsel ever objected at trial or requested a new trial, waiting instead until now to urge correction of this oversight”
- rejecting claim that waiver was invalid in part because the defendant was a “highly educated and articulate man,” who must have understood his lawyer’s waiver and demonstrated no objection or surprise when the waiver was made
- judge said in defendant’s presence that he understood defendant to be waiving right to jury
- waiver valid where it was communicated by defense counsel to the court in chambers and later reaffirmed by the attorney on the record in defendant’s presence
- judge said in defendant’s presence that he understood defendant to be waiving right to jury
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Rubin, Spears
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.