![]() ![]() #Colloquy kaplan trial504, 509 (1979), the Supreme Judicial Court, in order to provide a modicum of assurance that defendants did in fact recognize what was involved in the choice before making it, directed trial judges to engage in an appropriate colloquy with them. ![]() But to act intelligently, the defendant (assuming mental competency) needs at least a general understanding of the nature of the election and its consequences. To be constitutionally effective, a defendant's waiver of jury trial must have been made voluntarily and intelligently. The others are not, and so the conviction must be reversed for a new trial.ġ. We hold that the first claim is justified, She claims also that, on the substantive evidence of the alleged crime, she was entitled to, but was denied, a required finding of not guilty, and that the court improperly considered extraneous matter in ruling on that issue. In her appeal to this court, she claims that her waiver of the right to trial by jury should be voided because she is not shown to have made it freely and upon adequate knowledge. Tried, jury-waived, in a so-called jury-of-six proceeding in District Court, Ann Towers was convicted of the crime of operating a motor vehicle while under the influence of alcohol (G. Reagan, Assistant District Attorney, for the Commonwealth. In the jury session of that division, the case was heard by Joseph D. ĬOMPLAINT received and sworn to in the Brockton Division of the District Court Department on December 12, 1988. Įvidence at the trial of a complaint for operating a motor vehicle while under the influence of alcohol was sufficient to establish the element of operation. In a criminal case, the record of a plea colloquy was not adequate to support a finding that the defendant's waiver of her right to a jury trial was made voluntarily and intelligently. ![]() 557 SeptemDecemPlymouth County Present: SMITH, KAPLAN, & IRELAND, JJ. ![]()
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