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STATE OF CONNECTICUT v. CURTIS GORE (SC 17769)
Rogers, C. J., and Norcott, Palmer, Vertefeuille and Schaller, Js. Argued April 24--officially released September 23, 2008

Melissa L. Streeto, assistant state's attorney, with whom, on the brief, were Michael L. Regan, state's attorney, Thomas Griffin, supervisory assistant state's attorney, and Stephen Carney, senior assistant state's attorney, for the appellant (state). Kent Drager, senior assistant public defender, for the appellee (defendant).

Opinion

ROGERS, C. J. In this appeal, we address the requirements for a knowing, intelligent and voluntary waiver of the right to a jury trial. The sole issue presented is whether defense counsel validly waived a jury trial on behalf of the defendant, Curtis Gore, when there is no evidence that the defendant also personally waived the right on the record. The state appeals1 from the judgment of the Appellate Court, which reversed the judgment of the trial court because the record was ``devoid of any evidence that [the defendant personally] made a knowing, intelligent and voluntary waiver of his right to a jury trial,'' and remanded the case for a new trial. State v. Gore, 96 Conn. App. 758, 760, 901 A.2d 1251 (2006). On appeal to this court, the state claims that the Appellate Court improperly determined that the totality of the circumstances failed to demonstrate that the defendant validly had waived his constitutional right to a jury trial because: (1) defense counsel stated on the record that, after a ``lengthy discussion'' with the defendant, the defendant had elected to waive his right to a trial by jury, and it reasonably may be presumed that the defendant acquiesced in the waiver by his failure to object; (2) the trial court twice issued a general advisement of constitutional rights, and it reasonably may be presumed that the defendant was present for these advisements; (3) it reasonably may be presumed that defense counsel had advised the defendant of his right to a jury trial; and (4) in light of the defendant's prior experience with the criminal justice system, it reasonably may be presumed that the defendant had actual knowledge of his right to a jury trial. We disagree and affirm the judgment of the Appellate Court.2 The trial court reasonably could have found the following relevant facts. On August 18, 2004, the incarcerated defendant prevented department of correction employee Christopher Hanney from inserting a meal tray into the defendant's cell through a small metal sliding door. The defendant also reached through the sliding door and grabbed Hanney's hands, cutting Hanney's fingers, hands and wrist with his fingernails. The defendant thereafter was arrested and charged with assault of an employee of the department of correction in violation of General Statutes

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Connecticut Law