Government of the Virgin Islands v. Colbourne

Municipal Court of The Virgin Islands

Government of the Virgin Islands v. Colbourne

12 V.I. 442, 1976 WL 409339, 1976 V.I. LEXIS 6

CourtMunicipal Court of The Virgin Islands

DecidedMarch 9, 1976

DocketCase No. 455-1975

StatusPublished

This text of 12 V.I. 442 (Government of the Virgin Islands v. Colbourne) is published on Counsel Stack Legal Research, covering Municipal Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Government of the Virgin Islands v. Colbourne, 12 V.I. 442, 1976 WL 409339, 1976 V.I. LEXIS 6 (vimunict 1976).

Pincite

Opinion

HOFFMAN, Judge

ORDER

The Court, having found this defendant guilty after trial on February 2,1976, now hereby orders a new trial in this cause, sua sponte. At no time prior to trial was defendant apprised of his right to a trial by jury in this matter nor did defendant ever execute the written waiver of jury trial required by Rule 23(a), F. R. Crim. Pro. At no time prior to trial did defendant indicate his knowledge of his right to a trial by jury nor his waiver of same. This being the case, defendant is entitled to a new trial. Jeopardy did not attach at the first trial on February 2, 1976 since defendant was not tried before the appropriate trier of fact. Serfaso v. U.S., 95 S.Ct. 1055 (1975).

Defendant has now indicated his desire to have this matter tried before a jury. Upon execution of the appropriate jury trial demand, this matter shall be transferred to the District Court for trial.

It is so ordered.

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HOFFMAN, Judge

ORDER

The Court, having found this defendant guilty after trial on February 2,1976, now hereby orders a new trial in this cause, sua sponte. At no time prior to trial was defendant apprised of his right to a trial by jury in this matter nor did defendant ever execute the written waiver of jury trial required by Rule 23(a), F. R. Crim. Pro. At no time prior to trial did defendant indicate his knowledge of his right to a trial by jury nor his waiver of same. This being the case, defendant is entitled to a new trial. Jeopardy did not attach at the first trial on February 2, 1976 since defendant was not tried before the appropriate trier of fact. Serfaso v. U.S., 95 S.Ct. 1055 (1975).

Defendant has now indicated his desire to have this matter tried before a jury. Upon execution of the appropriate jury trial demand, this matter shall be transferred to the District Court for trial.

It is so ordered.

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Bluebook (online)

12 V.I. 442, 1976 WL 409339, 1976 V.I. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-colbourne-vimunict-1976.

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