State v. Moore, 414 S.W.3d 580

Moore was charged with first-degree assault (class A felony) and originally set for jury trial; trial later rescheduled as a bench trial.
On May 10, 2012, Moore and his counsel signed a written waiver of jury trial stating he had been advised of the right and waived it; the waiver was filed.
Docket entry reflects defense counsel called to reschedule the case for a bench trial; no on-the-record colloquy with Moore about the waiver occurred at hearings before trial.
At the start of the June 18, 2012 bench trial the court stated the case was before it for a bench trial and asked if counsel were ready; defense counsel confirmed.
Moore was convicted after the bench trial and sentenced to 14 years; he appealed asserting (1) the court failed to assent to his jury waiver as required by the Missouri Constitution and (2) his waiver was not knowingly, voluntarily, and intelligently made.

Issue	Plaintiff's Argument (Moore)	Defendant's Argument (State/Court)	Held
Whether the court assented to Moore's jury-trial waiver as required by Mo. Const. art. I, § 22(a)	Court did not expressly assent on the record; manifest injustice occurred because a judge (not a jury) found guilt	A written waiver signed by defendant and counsel, docket entries, and proceeding to a bench trial show assent; Rule 27.01(b) requires waiver in open court but not specific colloquy	Court held waiver and subsequent bench trial demonstrated assent; no plain error
Whether Moore's waiver was knowingly, voluntarily, and intelligently made	The only on-record manifestation was the written waiver; absence of on-the-record questioning of Moore renders the waiver invalid	Signed written waiver stating defendant was advised, counsel’s confirmation in open court, docket notation, and lack of impeachment support validity	Court held the written, signed waiver plus counsel’s in-court acknowledgement suffice; waiver was knowing, voluntary, intelligent

State v. Baxter, 204 S.W.3d 650 (Mo. banc 2006) (plain-error standard when defendant fails to timely object to jury-waiver procedure)
State v. Mitchell, 145 S.W.3d 21 (Mo. App. 2004) (a lone counsel letter/entry is insufficient to show an on-record waiver)
State v. Butler, 415 S.W.2d 784 (Mo. 1967) (signed waiver by defendant and counsel, and judge approval, sufficient to show constitutional waiver)
State v. Hannah, 337 S.W.3d 114 (Mo. App. 2011) (signed waiver and court confirmation in open court upheld as knowing and voluntary)
State v. Bode, 125 S.W.3d 924 (Mo. App. 2004) (written waiver signed by defendant and counsel mentioned in open court is sufficiently clear)
State v. Luster, 10 S.W.3d 205 (Mo. App. 2000) (court assent follows when waiver is knowingly and voluntarily made)
State v. Ramirez, 143 S.W.3d 671 (Mo. App. 2004) (defendant bears burden to show waiver was not knowing, voluntary, intelligent for plain-error relief)
Deck v. State, 68 S.W.3d 418 (Mo. banc 2002) (plain error only if outcome-determinative)
State v. Fassero, 256 S.W.3d 109 (Mo. banc 2008) (constitutional claims must be raised at earliest opportunity)