Myers v. Howton

"Whether there has been an intentional relinquishment or abandonment of a known right or privilege will depend on the particular circumstances of each case, including the defendant’s age, education, experience, and mental capacity; the charge (whether complicated or simple); the possible defenses available; and other relevant factors." State v. Meyrick, 313 Or 125, 132, 831 P2d 666 (1992).

Petitioner appealed from an amended judgment by the post-conviction court who denied her post-conviction relief. Petitioner assigned error to the post-conviction court’s determination that Petitioner waived her right to a jury trial. On appeal, Petitioner argued that the waiver to a jury trial during her criminal proceeding was invalid and thus void under the Post-Conviction Hearing Act, ORS 138.530(1)(a). In response, the Superintendent argued that Petitioner failed to introduce any evidence to support her argument that she was coerced; there was nothing in the record suggesting she had been coerced. "Whether there has been an intentional relinquishment or abandonment of a known right or privilege will depend on the particular circumstances of each case, including the defendant’s age, education, experience, and mental capacity; the charge (whether complicated or simple); the possible defenses available; and other relevant factors. State v. Meyrick, 313 Or 125, 132, 831 P2d 666 (1992). The Court determined that Petitioner’s waiver to a jury trial was valid because the facts on the record were legally sufficient to support the Superintendent's argument that Petitioner's waiver was voluntary.

Affirmed.