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Monday, August 19, 2013

STATE OF NEW JERSEY VS. BLANN A-0097-11T2


We reverse defendant's conviction because the absence of a signed jury waiver required by Rule 1:8-1(a), coupled with the judge's failure to question defendant on the record regarding his request to waive a jury and the judge's failure to state his reasons for granting defendant's request, make it impossible for a reviewing court to assess whether defendant's waiver was knowing and voluntary. Judge Lisa dissents and would affirm the conviction without prejudice to defendant's right to seek review by way of a petition for post conviction relief. 01-08-13