State v. Jones, ___ N.C. App. ___, 789 S.E.2d. 651 (Jul. 19, 2016)

(1) The court rejected the defendant’s argument that the trial court lacked authority to allow him to waive his right to a trial by jury because he was not arraigned before the effective date of the constitutional amendment and statute allowing such a waiver. The new provision on jury trial waivers became effective December 1, 2014 and applies to criminal cases arraigned in Superior Court on or after that date. The defendant never requested a formal arraignment pursuant to G.S. 15A-941; his arraignment occurred on the first day of trial, May 11, 2015. Because the defendant’s arraignment occurred after the effective date of the constitutional amendment and accompanying session law, the trial court was constitutionally authorized to accept the defendant’s waiver of jury trial. (2) The court rejected the defendant’s argument that because the trial judge had ruled in favor of the defendant’s pretrial motion in limine, excluding an involuntary confession, he was unable to serve as a fair and impartial factfinder and that the non-jury trial was “tainted” by the trial judge’s knowledge of the inadmissible statements. Because the defendant chose to waive his right to a trial by jury and proceed with a bench trial, he could not argue on appeal that he was prejudiced as a result of his own strategic decision. Furthermore, the trial court is presumed to disregard incompetent evidence in making decisions as a finder of fact.