Legal Opinion

People v. Velasquez

Superior Court of The Virgin Islands

Decided February 6, 2014No. Case Nos. SX-2012-cr-063, SX-2012-cr-064, SX-2012-cr-065, SX-2012-cr-066, SX-2012-cr-076PublishedCited by 16 opinions

1Opinion of the CourtDonohue, Judge

MEMORANDUM OPINION

(February 6, 2014)

The question presented is whether a defendant’s waiver of the right to trial by jury in a criminal case is subject to the prosecution’s consent for purposes of obtaining a bench trial. For the reasons stated below, the Court concludes that because section 26 of the Revised Organic Act applies in the Superior Court of the Virgin Islands and because that section clearly provides that the government has the right to demand a jury trial, both parties must waive their respective rights to trial by jury before the Court can agree to conduct a bench trial. Because…

2Cases cited12 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Skilling v. United StatesSupreme Court of the United States · 2010
  3. Singer v. United StatesSupreme Court of the United States · 1965
  4. Mu'Min v. VirginiaSupreme Court of the United States · 1991
  5. Balzac v. Porto RicoSupreme Court of the United States · 1922

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3Cited by16 opinions

  1. Vanterpool v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2015
  2. Isaac v. CrichlowSuperior Court of The Virgin Islands · 2015
  3. Mahabir v. Heirs of GeorgeSupreme Court of The Virgin Islands · 2015
  4. Donastorg v. Daily News Publishing Co.Superior Court of The Virgin Islands · 2015
  5. Abednego v. St. Croix Alumina, LLCSuperior Court of The Virgin Islands · 2015

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