# Hinsley v. State

> Court of Criminal Appeals of Oklahoma · June 19, 2012 · 280 P.3d 354

URL: https://www.frixlaw.com/law-library/cases/5157264

## Case

- **Full name:** Timothy William HINSLEY v. The STATE of Oklahoma
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** June 19, 2012
- **Citations:** 280 P.3d 354; 2012 OK CR 11; 2012 Okla. Crim. App. LEXIS 8; 2012 WL 2361780
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumpkin
- **Judges:** Johnson, Lewis, Lumpkin, Results, Smith
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5157264

## How later opinions describe it (automated extraction)

- stating that although a defendant may waive his or her right to a jury trial, in this case the defendant's judgments and sentences were reversed on appeal upon the court's conclusion that the record was not sufficient to show a competent, knowing and intelligent waiver of that…

## Opinion text

LUMPKIN, Judge:
Coneur in Result.
{ 1 I concur in the Court's decision to reverse and remand the case for a new trial. However, it must be noted that the trial judge is presumed to know the law. Magnan v. State, 2009 OK CR 16, ¶ 51 , 207 P.3d 397, 412 ; Akins v. State, 1974 OK CR 116, ¶ 17 , 523 P.2d 1111, 1114 . Here, the judge stated for the record that Appellant had been informed of his rights and waived his right to a jury trial. Therefore, we must take it as true that this is an accurate recitation of the record. However, I can find no record of the State's consent to the waiver. Without such, I agree that the record as a whole is insuffi *357 cient to show a voluntary and knowing waiver of the right to a jury trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5157264. Public record. Not legal advice.