William E. Nabers, Jr. v. Superintendent, California Medical Facility

961 F.2d 216 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William E. NABERS, Jr., Petitioner-Appellee, v. SUPERINTENDENT, CALIFORNIA MEDICAL FACILITY, et al., Respondents-Appellants. No. 91-55570. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1992. Decided April 22, 1992. Before BOOCHEVER, WILLIAM A. NORRIS and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 The district court granted a writ of habeas corpus on the ground that Nabers did not intend to waive his right to a jury trial. We reverse. 3 * The topic of jury waiver was raised in court at a single hearing. The following colloquy took place: 4 COURT: Did you get a copy of the report of the probation officer, Mr. Nabers? 5 THE DEFENDANT: I just saw a copy just now. I haven't read the whole thing just now. 6 COURT: Would you like to read it before we proceed? 7 DEFENDANT: If I could yes. Please. 8 DEFENSE COUNSEL: Your Honor, while Mr. Nabers is reading this, I'd indicate to the court that…