State v. Simmons

74 So.3d 711 (2011) STATE of Louisiana v. James SIMMONS. No. 2011-KK-2130. Supreme Court of Louisiana. October 11, 2011. Granted. Although the Defendant did not make a jury waiver "no later than 45 days prior to trial," the State did not object and the case proceeded to trial, ending in a mistrial. The ruling of the trial court allowing the Defendant to revoke his irrevocable waiver of a jury trial is therefore reversed, and the case is remanded to the trial court for a bench trial. JOHNSON and WEIMER, JJ., would grant and docket.