A Person with a Low IQ Cannot Waive His or Her Right to Jury Trial

The rules of court in a criminal proceeding require that a defendant who waives his or her right to a jury trial may only do so if certain conditions are met. However, a person with a low I.Q. cannot waive his or her right to a jury trial.

Our attorneys at Wallin & Klarich want to you understand that during prosecution for a crime, you are entitled to the full protection of your legal rights.

In the following recent example, a defendant with an admittedly low I.Q. requested orally to waive his right to a jury trial. However, the court had a responsibility to make certain that he did so “knowingly and intelligently.” Failing to give proper instructions, his conviction was reversed on appeal.

United States v. Shorty (Case No. 11-10530, 9th Cir., Dec. 20, 2013)

In 2010, Mala Travon Shorty was arrested by federal agents after the discovery of 12 firearms, ammunition and a gun safe at his Flagstaff, Ariz. residence. Due to his prior criminal record, Shorty was prohibited from owning, possessing or purchasing firearms or firearm ammunition.

The defendant had enlisted an ex-girlfriend to make firearm purchases on his behalf beginning in October 2008. The girlfriend lied on federal forms at gun dealerships claiming to be the “actual buyer” of the firearms. After purchasing nine firearms and accessories in a single transaction, a gun dealer reported the purchase to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as being a “suspicious transaction.”

After orally waiving his right to a jury trial, the defendant pled guilty to several counts of aiding and abetting the making of a false statement in connection with the acquisition of a firearm (18 U.S.C. §§ 922 (a)(6) & 924 (a)(2)), aiding and abetting the making of a false statement concerning information that must be kept by a firearm’s dealer (18 U.S.C. 924 (a)(1)(A)), and being a felon in possession of a firearm (18 U.S.C. 924 (g)(1).). He was sentenced to serve 33 months in a federal prison.

The defendant appealed his conviction, claiming the trial court failed to properly conduct an inquiry of him prior to accepting his waiver of his right to a jury trial. The appeals court agreed and reversed his conviction.

Person with a Low IQ Cannot Waive Right to Jury Trial

The Ninth Circuit refers to Federal Rule of Criminal Procedure 23:

“If the defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves.”

However, the court reasoned that there is a fourth condition: the waiver must be knowing and intelligent.

In this case, the appeals court ruled that the trial court did not adequately inquire as to the defendant’s ability to knowingly and intelligently consent to a waiver of his right to a jury trial. The court did not order a written waiver, which presumably would have demonstrated knowing and intelligent consent. Instead, the trial court relied on insufficient oral questioning, during which time the defendant informed the court of his low I.Q. His attorney also clarified on the record that his client was learning disabled.

Absent a written waiver, the trial court failed to inform Shorty of two crucial factors: (1) he had the right to choose the 12-member jury; and (2) that all 12 jurors must vote unanimously in order to return a guilty verdict.

The court held that “[a] district court has a serious and weighty responsibility to safeguard a defendant’s constitutional right to a jury trial by ensuring that a waiver of that right is made knowingly and intelligently. This responsibility becomes especially critical where there is evidence that the defendant suffers from a low I.Q. or a learning disability and there is no written waiver. In these circumstances, at least, a court must conduct in-depth questioning with the defendant designed to ensure that he understands the importance and effect of the right he is waiving.”

What Does this Ruling Mean?

The Ninth Circuit’s decision is a perfect example of why the appeals process is such a critical part of the justice system. If you believe that the evidence against you was insufficient to prove you guilty, or that mistakes of law were made during your trial, you have the right to appeal a criminal conviction.

A jury trial has its benefits and burdens. If you want to give up this right, you may. However, you can only do so with the express knowledge and understanding of the consequences of your decision. The court has an obligation to make certain you are intelligently informed of what you are agreeing to during every step of a criminal proceeding.

Wallin & Klarich Will Make Certain all of Your Constitutional Rights are Protected

If you or someone you care about has been convicted of a crime, it is imperative that you contact an experienced criminal appeals attorney at Wallin & Klarich right away. The attorneys at Wallin & Klarich have over 40 years of experience representing clients eligible to appeal their felony convictions.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the skilled and aggressive criminal appeals attorneys at Wallin & Klarich will be able to determine what legal errors were made at your trial and persuasively argue that your claims have merit. Our goal is to get your conviction overturned and a just result in your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.