Government of the Virgin Islands v. Harthman

OPINION

I

This matter is before the court on defendant’s motion for a bench trial. Both sides agree that when there is no demand for a jury trial, a defendant in the Virgin Islands is entitled to a bench trial, but they disagree as to what constitutes a proper demand for a jury trial. While the defendant contends that a demand made orally by his attorney at arraignment without discussion or advice and without his knowing and intelligent authorization is null anfr void, the government contends that a demand is properly invoked where the defendant is present and makes no objection when his…