State v. Jacobson

Under the Oregon Constitution, Article I, section 11, "[i]n all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel."

Defendant appealed a conviction for driving under the influence of intoxicants and reckless driving.  Defendant assigned error to the trial court's conclusion that he validly waived his right to appear at trial.  Defendant argued that "contrary to the trial court's ruling, he did not intentionally and voluntarily waive his right to be present at trial by signing the waiver form."  In response, the state argued that the waiver form was sufficient to establish a valid waiver of the right to be present at trial.  Under the Oregon Constitution, Article I, section 11, "[i]n all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel."  The Court held the trial court erred by concluding that the defendant waived his appearance by voluntarily signing the waiver form because "it was not communicated to defendant in any clear way that he had a choice to sign the form."  Reversed and remanded.