SC20632 - State v. King (Waiver of jury trial; three judge panel; The defendant now
appeals, arguing that (1) there was insufficient evidence to support the
judgment of conviction, (2) the failure of the trial court, Russo, J.,
to explain that the three judge panel did not have to reach a unanimous
decision rendered her jury trial waiver involuntary and, thus,
unconstitutional, and (3) three judge panels should be prohibited from
deliberating until the close of evidence and the submission of the case to the
panel, which, the defendant claims, improperly occurred in the present case.
Although we conclude that sufficient evidence supported the majority’s guilty
verdict, we invoke our supervisory authority over the administration of justice
and hold that trial courts must canvass defendants who choose to be tried
before a three judge panel, rather than before a jury, to ensure that they
understand that, although a jury of their peers must be unanimous in reaching a
guilty verdict, a three judge panel can properly arrive at a guilty verdict
after a decision by a majority vote. The failure of the canvassing court in the
present case to explain that critical difference to the defendant requires that
we reverse her conviction and remand the case for a new trial. Finally, because
the issue may arise at a retrial, we also hold that a three judge panel is not
constitutionally prohibited from beginning its deliberations prior to the close
of evidence and the submission of the case to the panel because, although
judges are not immune from the frailties of human nature, they are held to a
higher standard and serve a different role as compared with jurors.)