Missouri Court of Appeals, Southern District / Oct 8, 2019
STATE OF MISSOURI, Plaintiff-Respondent vs. LARRY DEAN PRESLEY, Defendant-Appellant
Larry Dean Presley appealed his conviction, arguing that his signed waiver of a jury trial was specific to the original judge who accepted it and subsequently recused. He contended the second judge, who ultimately tried the case, failed to ensure his waiver was knowing and voluntary for that judge. The Missouri Court of Appeals, Southern District, affirmed the judgment, finding no plain error because Presley failed to object at trial and the colloquy did not transform the general waiver into a judge-specific one.