Waiver of Jury Trial In Virginia
In Jones v. Commonwealth, 24 Va. App. 636, 484 S.E.2d 618 (1997), the appellant signed a scheduling order indicating she chose to be tried by the court, not a jury. See id. at 639, 484 S.E.2d at 620.
The Jones Court found that because the trial court made no finding that the appellant voluntarily and intelligently waived her right to a jury, there was no valid waiver of a jury. See id. at 640, 484 S.E.2d at 620.
The Court stated:
"This is not a case where an accused validly waives a jury trial and then seeks to withdraw that waiver." Id. at 641, 484 S.E.2d at 621.