Taylor v. State, 2016 Ark. 392

Jerroll Taylor was convicted in circuit court, after a de novo trial following an appeal from district court, for carrying a weapon under Ark. Code Ann. § 5-73-120.
District court proceedings offer no jury right; on appeal to circuit court, the case is tried de novo and the defendant is entitled to a jury.
The record contained no written jury-waiver and no on-the-record waiver in open court before the circuit bench trial.
Taylor argued the circuit court erred by trying the case without a valid jury-trial waiver.
The State conceded the circuit court erred in failing to obtain a proper jury waiver.
The Supreme Court of Arkansas reversed the conviction and remanded for a new trial because no valid jury waiver was made.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a valid jury-trial waiver existed before the circuit court proceeded to a bench trial	State conceded the circuit court failed to obtain a valid waiver	Taylor argued he did not waive his right to a jury in writing or on the record	Court held no valid waiver existed; reversed and remanded for new trial
Whether a defendant must expressly waive the jury right in circuit court after de novo appeal	State implicitly acknowledged error by concession	Taylor relied on constitutional and procedural requirements that waiver be written or on the record	Court reaffirmed that jury right is inviolate on appeal and must be waived per Ark. R. Crim. P.; waiver absent, reversal required

Roberts v. State, 321 Ark. 31 (holding appeals from district court are de novo and the jury right must be preserved)
Medlock v. State, 328 Ark. 229 (confirming entitlement to a jury trial on de novo circuit-court review)
Elmore v. State, 305 Ark. 426 (stating a defendant is entitled to be tried by a jury without making a motion)
Calnan v. State, 310 Ark. 744 (explaining waiver must be in accordance with the Constitution and rules to prevent forfeiture of the jury right)