Dissent from rehearing en banc on defendant’s jury waiver
In United States v. Boynes (4th Cir.), Judge Gregory dissented from the denial of rehearing en banc. (Michael and Motz also voted to rehear the case en banc, but neither joined Gregory’s dissent.) He argues,
In Boynes’s case, there was insufficient evidence to support a determination that Boynes knowingly, voluntarily and intelligently waived his right [to a jury] at the time the district court granted the motion. There was neither a written wavier signed by the defendant nor a colloquy in which the defendant demonstrated his understanding.
Gregory contends that the 4th Circuit is now at odds with the 10th Circuit in United
States v. Robertson, 45 F.3d 1423, 1430 (10th Cir. 1995).
The underlying opinion may be found here, in which Gregory dissented from the panel’s opinion. (For previous coverage, see The Legal Times.)
