holding error involving fundamental right to jury trial in criminal case fell within the third Wicks exception
How later courts described this case
- holding error involving fundamental right to jury trial in criminal case fell within the third Wicks exception
- denial of right to jury trial constituted “structural error”
- reversing convictions where there was no express waiver by defendant of right to jury trial
- the right to a jury trial satisfies one of the narrowly-defined exceptions set forth in Wicks v. State, 270 Ark. 781, 606 S.W.2d 366 (1980)
Written by the judges who cited it.
The opinion
Glaze, J., dissents for most of the same reasons set out in the dissenting opinion in Winkle v. State, 310 Ark. 713 , 841 S.W.2d 589 (1992). Hays and Brown, JJ., join in the dissent in this case as well.