a finding that Martin and Powell knowingly and voluntarily made by the waiver. An inconspicuous waiver provision in a twenty-paragraph “Bank of America Mortgage Addendum to Contract” does not meet Bank of America’s burden to produce prima facie evidence of a knowing and voluntary waiver. And finally, the relative bargaining power of the parties obviously was not equal. s burden to make a prima facie showing on this issue as required by In re General Electric Capital Corporation. 203 S.W.3d at 316. To the contrary, the evidence establishes that the Brady knowing and voluntary standard was not met here. See In re Prudential, 148 S.W.3d at 132 (requiring jury waiver to be made “with sufficient awareness ... of likely consequences”); see also Brady, 397 U.S. at 748-49, 90 S.Ct. at 1469-70 (<HOLDING>). Bank of America argues that the present facts
holding that entering a guilty plea is an admission of guilt and a waiver of the right to jury trial recognizing requirement of knowing intelligent waiver holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims holding that a voluntary and intelligent plea of guilty is an admission of all the elements of a formal criminal charge recognizing difficulty in making intelligent assessment of consequences of waiver of jury trial via guilty plea absent counsel