Suliang Bu v. Missouri

Petitioner, a Chinese national, appeals from his conviction for three sexual offense counts and sentence of ten years in prison. Petitioner purported to waive his right to a jury trial. During the waiver colloquy, the trial court never determined whether Petitioner understood the jury would be chosen from a cross-section of the community, he could participate in its selection, and all jurors would have to agree beyond a reasonable doubt to convict him. The Missouri Court of Appeals held Petitioner’s ZDLYHUZDVQRQHWKHOHVVVXIÀFLHQWO\NQRZLQJYROXQWDU\ and intelligent to satisfy the Sixth and Fourteenth Amendments. The question presented is: :KHWKHULQFRQÁLFWZLWKQXPHURXVVWDWHDQGIHGHUDO courts, including every circuit to have analyzed this issue, the Missouri Court of Appeals erred in holding WKDW D FRQVWLWXWLRQDOO\ VXIÀFLHQW ZDLYHU RI WKH ULJKW WR a jury trial does not require the record to show the defendant understood all the fundamental attributes of that right, including that the jury would be chosen from a cross-section of the community, he could participate in its selection, and all jurors would have to agree beyond a reasonable doubt to convict.