State v. Brittany Michaud

Syllabus

The defendant, Brittany Michaud, appealed from a judgment of conviction following a bench trial in Family Court for cruelty to or neglect of a child, in violation of G.L. 1956 § 11-9-5. The defendant raised two issues on appeal. First, the defendant argued that the trial justice erred by proceeding with a bench trial without a knowing, intelligent, and voluntary waiver of the defendant's right to a jury trial. Second, the defendant asserted that the trial justice erred by finding habitual neglect in this case. The Supreme Court held that there was nothing in the record demonstrating that the trial justice determined that the defendant knowingly, intelligently, and voluntarily waived her right to a jury trial. Accordingly, the Supreme Court vacated the judgment of the Family Court and remanded the case to the Family Court with instruction to transfer the case to the Superior Court for a new trial.