Stipulation to Prior Convictions–an Element of the Offense–is Waiver of Right to Jury Trial That Requires a Defendant’s Personal Waiver

State v. Kuhlmann, Minn.S.Ct., 12/21/2011.  The Supreme Court upholds the Court of Appeals Opinion, go here, that the trial court’s failure to obtain Mr. Kuhlmann’s personal waiver of a jury determination of an element of the charged offense was not structural error that required automatic reversal; that the error was plain, and the error did not affect Mr. Kuhlmann’s substantial rights.  Three justices – G. Barry Anderson, Page and Gildea – concluded that there had been no error in not obtaining the personal waiver.