Background

• Seitman was convicted after a bench trial of eight counts of serious injury by vehicle and one count of reckless driving.
• She moved for a new trial but the motion was denied, and she appeals only on the jury-trial waiver issue.
• The State bore the burden to show the waiver was intelligent and knowing, either on the record or via extrinsic evidence.
• The record includes a pleading signed by Seitman and counsel stating a waiver of jury trial, and the court questioned counsel who said waiver was filed.
• Extrinsic evidence from trial counsel and Seitman’s background supported that the waiver was knowing and voluntary.
• The court held the waiver did not require an in-court colloquy to be valid; extrinsic evidence can suffice.

Issues

Key Cases Cited

• Whitaker v. State, 256 Ga. App. 436 (Ga. App. 2002) (states burden to prove knowing/intentional waiver either on record or by extrinsic evidence)
• Balbosa v. State, 275 Ga. 574 (Ga. 2002) (record showing only oral waiver by counsel insufficient)
• Jackson v. State, 253 Ga. App. 559 (Ga. App. 2002) (silence in record prevents State from proving knowing/voluntary waiver)
• Jones v. State, 294 Ga. App. 169 (Ga. App. 2008) (colloquy with defendant supports knowing waiver; multiple facts may suffice)
• Guise v. State, 303 Ga. App. 791 (Ga. App. 2010) (unsigned forms plus later conduct may render waiver insufficient without colloquy)
• Davis v. State, 287 Ga. App. 783 (Ga. App. 2007) (extrinsic evidence may establish knowing and voluntary waiver)
• Payne v. State, 219 Ga. App. 439 (Ga. App. 1995) (defendant's education and experience relevant to understanding jury right)
• Jacobs v. State, 299 Ga. App. 368 (Ga. App. 2009) (counsel's discussions about risks/benefits support knowing waiver)