Wednesday, July 31, 2019

No Right to Jury Trial in VA Juvenile and Domestic Relations Court, So Nothing to Waive


US v. Locke: Locke was charged with possession of a firearm after having been convicted of a misdemeanor crime of domestic violence (“MCDV”). There was no dispute that he possessed a gun or that he did so after having been convicted in Virginia of assault and battery against a household member. However, Locke argued that conviction could not count as a MCDV because of a provision that exempted convictions where the defendant had been “entitled to a jury trial” and did not “knowingly and intelligently waive” that right. Locke argued that he made no such waiver. The district court rejected Locke’s argument and he was convicted at trial.

A divided Fourth Circuit affirmed Locke’s conviction. The court explained that in the Virginia Juvenile and Domestic Relations Court (“JDR”) where Locke was prosecuted he did not have a right to a trial by jury. Since there was no such right, there was nothing for Locke to waive and he couldn’t take advantage of the exemption to the MCDV definition. While Locke would have had such a right had he taken an appeal from his conviction to the circuit court, since he did not he never had such a right. The court went on to hold, applying the “presumption of regularity” of guilty pleas that Locke could not demonstrate any infirmity in his state conviction anyway.

Judge Berger (sitting by designation from SDWV) dissented. She argued that Virginia generally provided a right to a jury trial for persons like Locke who were charged with a Class A misdemeanor and that state courts had upheld the JDR system against constitutionally challenges only because the appeal to the circuit court maintained the defendant’s right to trial. Thus, Locke did have a right to a jury trial that he never waived.

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