Is Delay case decided by a jury or just a judge?

[Mayberry Machiavelli]

[jwirr]

1. Good question - which is easier to bribe?

[Liberal In Texas]

2. I think his atty. will have to request a jury, otherwise it's a judge.

But I'm not a lawyer, just my guess.

[clydefrand]

3. I read earlier today that his attorney might ask for a change of

venue because Austin is heavily Democratic. That sounds to me like he doesn't want a jury of Dems.

[Burning Water]

5. Would you?

If you were he??

[Liberal In Texas]

10. I can't believe that a judge would allow a change of venue based on the

potential political makeup of a jury. And, I cannot believe that a judge would allow the question of party affiliation to be asked in voir dire. But stranger things have happened.

This isn't about politics, it's about money laundering and breaking a felony law. They want to make it about politics, but that's not what the grand jury looked at. They looked at evidence.

[Sandpiper]

4. That's up to him

Everyone has the right to a jury trial, but can waive that right and opt for a bench trial instead.

[benburch]

7. You can waive it...

but the state can force it to be a jury trial anyway. Usually they do not because conviction by judge is far more likely than by jury.

[Just Me]

9. In a criminal proceeding? Geez, I'm so out of practice.

Not that I mind. I thought criminal proceedings were ALWAYS via a jury or a plea. Whereas, civil proceedings allowed the choice of a verdict by a judge or jury.

Pitiful. I didn't do much criminal practice when I practiced years ago. Still, I should still know this and feel embarassed at the uncertainty of my memory off the top of my head.

[Liberal In Texas]

12. A quick reading of the Texas Code of Criminal Procedure says that

a jury trial can be waived.

The defendant in a criminal prosecution for any offense other
than a capital felony case in which the State notifies the court and
the defendant that it will seek the death penalty shall have the
right, upon entering a plea, to waive the right of trial by jury,
conditioned, however, that such waiver must be made in person by the
defendant in writing in open court with the consent and approval of
the court, and the attorney representing the State. The consent and
approval by the court shall be entered of record on the minutes of
the court, and the consent and approval of the attorney
representing the State shall be in writing, signed by him, and filed
in the papers of the cause before the defendant enters his plea.

Art. 1.13. <10a>

[AnnInLa]

6. In one of his many interviews, I heard him say, emphatically,

when asked that question, "Jury!"

Whatever, stick a fork in him.

[benburch]

8. Only rational choice he's made lately!

He already waived an affirmative defense of the statute of limitations having been run. STUPIDITY in the extreme.

[Lone_Star_Dem]

11. It will be a jury trial

I think that DeLay's attorneys are going to try and get good jury picks and to corrupt the jury as much as they can before the trial. Just think of this as a Hutchinson redo. The wild card in this is the fact that Earle has already been down that road and I don't expect him to let it occur a second time.