Ray Lloyd Bibb, State v. Bibb, 702 S.W.2d 462 (Mo. banc 1985)

Non-Waiver of Jury Sentencing
Ray Lloyd Bibb pleaded guilty to armed robbery, armed criminal action, and capital murder for the November 1983 murder of Kenneth Wood. He was sentenced to death by a judge. On appeal, the Missouri Supreme Court held that Bibb had not waived his right to jury sentencing and reversed his death sentence (Mo. Rev. Stat. 565.006, which prior to its 1983 repeal did not prohibit jury sentencing after pleading guilty, applied to Bibb’s case). The Court held that after Bibb had pleaded guilty and waived his right to a jury trial on guilt, “the burden erroneously shifted to appellant to request a jury” at sentencing, and under Article I, §22(a) of the Missouri Constitution and Missouri Rule 27.01, “a waiver by the accused and an assent of the court must appear from the record with unmistakable clarity.” 702 S.W.2d at 466.