This session, the General Assembly amended G.S. 15A-1201, which sets out the procedures for waiving a jury trial in superior court. S.L. 2015-289. This post summarizes the changes. Principal changes. The main changes to the statute are as follows: Sentencing factors included. The bill clarifies that any waiver of a jury trial includes “all factors referred to in G.S. 20‑179 and subsections (a1) and (a3) of G.S. 15A‑16,” i.e., aggravating factors. Whether they were included in the scope of a waiver had been unclear under prior law. Unless all codefendants waive, none may waive. The bill provides that “[i]f a motion for joinder of co‑defendants is allowed, there shall be a jury trial unless all defendants waive the right to trial by jury, or the court, in its discretion, severs the case.” Procedures for, and timing of, waiver. The bill provides that the defendant may waive in three ways: By stipulation signed by both sides. By written notice filed and served “within the earliest of (i) 10 working days after arraignment, (ii) 10 working days after service of a calendar setting under G.S. 7A‑4(b), or (iii) 10 working days after the setting of a definite trial date under G.S. 7A‑49.4(c).” By “Giving notice of intent to waive a jury trial on the record in open court by the earlier of (i) the time of arraignment or (ii) the calling of the calendar under G.S. 7A‑4(b) or G.S. 7A‑49.4(c).” Procedures for court’s consent. A judge must have a hearing on whether to [...]
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