State v. Julio Morais

Syllabus

The defendant, Julio Morais, was convicted of four counts of first-degree child molestation sexual assault after a bench trial in Providence County Superior Court. On appeal, the defendant argued that the trial justice lacked jurisdiction over the trial because the defendant's jury-trial waiver was invalid pursuant to Rule 23(a) of the Superior Court Rules of Criminal Procedure. Specifically, the defendant argued that his waiver of a jury trial was invalid because he signed the jury-waiver form outside the presence of the trial justice. Furthermore, the defendant contends that the trial justice's colloquy with the defendant was inadequate to establish a knowing, intelligent, and voluntary waiver of his right to a trial by jury. The Supreme Court held that the language of Rule 23(a) does not require that a defendant sign a jury-waiver form in open court rather, the jury-waiver form must be in writing and approved by the trial justice prior to the commencement of the bench trial. Moreover, the Supreme Court concluded that the trial justice's colloquy with the defendant in this case was adequate to establish a knowing, intelligent, and voluntary waiver of the defendant's right to a jury trial. Therefore, the Court affirmed the judgment of conviction.