State v. Harris, 461 P.3d 48

On Nov. 7, 2015, Atchison officers arrested Bryan Harris; during booking an officer found two cigarillos in a jacket pocket that field-tested positive for marijuana. Harris was charged in a felony (possession) and a separate misdemeanor case.
Harris proceeded pro se to a bench trial on the misdemeanor and was later arraigned on the felony. At arraignment (represented by counsel), counsel asked whether Harris wanted a judge or jury; Harris repeatedly said he wanted a bench trial.
The district court never expressly advised Harris of his constitutional right to a jury trial or obtained a formal on-the-record waiver; the court and counsel treated the decision as Harris’s choice between options.
At the felony bench trial, the court found Harris guilty of possession of marijuana. Harris filed posttrial motions which were denied and appealed.
The Court of Appeals affirmed. The Kansas Supreme Court granted review, held Harris’s jury-waiver was legally insufficient because the court failed to ensure he knew and understood the right, reversed the conviction, and remanded for the court to advise Harris and obtain a valid waiver or allow a jury trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of Harris's waiver of the constitutional right to a jury trial	State: Harris knowingly waived jury because he repeatedly elected a bench trial and had prior bench-trial experience	Harris: Court failed to advise him of the right to a jury trial and did not secure a knowing, voluntary waiver	Waiver invalid: court failed to advise and meaningfully address apparent confusion; reverse and remand for proper advisement and waiver or a jury trial

State v. Irving, 216 Kan. 588 (Kan. 1975) (court must advise defendant of jury right and waiver must be in writing or on the record)
State v. Beaman, 295 Kan. 853 (Kan. 2012) (waiver requires thoughtful exchange to ensure understanding)
State v. Frye, 294 Kan. 364 (Kan. 2012) (remand appropriate to allow proper advisement and waiver)
State v. Lewis, 301 Kan. 349 (Kan. 2015) (waiver validity tested by whether defendant knowingly and voluntarily waived)
State v. Redick, 307 Kan. 797 (Kan. 2018) (jury-trial right is fundamental and waivers strictly construed)
State v. Hirsh, 310 Kan. 321 (Kan. 2019) (standards for addressing issues raised for first time on appeal)