Criminal – Jury waiver – Colloquy

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Where a defendant was found guilty of reckless endangerment of a child, that conviction must be vacated because the judge did not engage in a colloquy regarding the defendant’s waiver of her right to a jury trial.

“Following a jury-waived trial, a judge of the Lawrence District Court found the defendant guilty of reckless endangerment of a child in violation of G.L.c. 265, §13L. On appeal, the defendant maintains that (1) the Commonwealth presented insufficient evidence to support the conviction, and (2) her waiver of her right to a jury trial was not intelligent and voluntary because the judge did not engage in a colloquy. The Commonwealth concedes the second point, and having conducted an independent examination of the issue, we agree. … We vacate the judgment and set aside the finding of guilty due to the lack of a colloquy but conclude that the evidence was sufficient to support the conviction.”

Commonwealth v. Reyes (Lawyers Weekly No. 81-096-24) (7 pages) (Docket No. 23-P-374) (Sept. 3, 2024).

Click here to read the full text of the opinion.