Commonwealth v. Wheeler

1. Jury waiver. On the day of trial, the defendant, proceeding pro se, requested a jury trial. Before the defendant’s trial began, the court officer mistakenly released the jury. The defendant moved to dismiss the charges to remedy this error, but the trial judge declined, inquiring instead as to possible continuance dates. The defendant, after expressing concerns about being homeless in the winter and unable to maintain a job if he were to wait to be sentenced so far in the future, decided to “settle” for a bench trial. The judge then conducted a colloquy with the defendant and determined on…