State v. Hannah
2011 Mo. App. LEXIS 187
| Mo. Ct. App. | 2011Background
- Hannah was charged with second-degree assault after allegedly pushing Willis from a porch; bench trial resulted in guilty verdict and a five-year sentence with a 120-day callback under § 559.115.
- Willis, a 74-year-old resident of a care facility, was injured, treated for facial lacerations and a neck fracture, and subsequently died.
- Investigation included Joanna Mooney interviewing Hannah; Hannah admitted pushing Willis and stated he did not want Willis sitting next to him.
- A police detective interviewed Hannah; Hannah gave an account claiming the act was an accidental push to prevent Willis from sitting on his lap.
- A written waiver of the right to jury trial was filed, signed under oath, and counsel indicated readiness for a bench trial; the court did not personally inquire of Hannah about the waiver.
- Hannah asserted dementia/mental health issues were present, arguing the waiver could not be knowing, voluntary, and intelligent; trial proceeded to bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the waiver knowingly, voluntarily, and intelligently made? | Hannah asserts no personal inquiry; waiver not knowing. | Written waiver with counsel confirmation shows knowing waiver. | Waiver was knowing, voluntary, and intelligent. |
| Did trial court's lack of personal inquiry amount to plain error on a jury-waiver? | The court should have inquired given mental status evidence. | On-record written waiver plus counsel's confirmation suffices; no plain error. | No plain error; record supports valid waiver. |
Key Cases Cited
- State v. Baxter, 204 S.W.3d 650 (Mo. banc 2006) (plain-error review for jury waiver requires outcome-determinative error)
- State v. Sharp, 533 S.W.2d 601 (Mo. banc 1976) (waiver must be knowing, voluntary, and intelligent with record awareness)
- State v. Bode, 125 S.W.3d 924 (Mo.App. W.D.2004) (waiver clarity supported without in-person inquiry)