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169368 murray v. zoo 09/07/2016 at issue is whether a jury trial waiver provision in a 32.2.300.3 of the code of virginia is unenforceable as the commonwealths right to try the defendant within the time provided in the code was not honored. the defendant did not execute a written jury trial waiver agreement until some two years after the period for the commonwealths right to try the case, and he has completed serving his sentences for the offenses charged.
156406 dudley v. city of chesapeake 07/13/2019 in plaintiff dudley’s action alleging that city police violated his fourth and fourteenth amendment rights by wrongfully stopping and detaining him, a school bus escorting fifth graders to school observed them walk past a traffic stop. the school bus driver followed the students to a high school in the city, when a school bus driver called in a “ride request.” after a police officer stopped the plaintiffs bus and stopped the driver from leaving, the officer ordered the students to get on the bus, searched them, and told the children to get off the bus. the officer then waited in the bus to pick the children up as the bus pulled away. after the children removed their backpacks, the officer searched the bags. he eventually found no contraband, told the children the search was over, told the bus driver to proceed, and told the driver to call police headquarters to let them know about the search. the children, their parents, and the bus driver agreed that the police stop was not justified by reasonable suspicion. the circuit court and the court of appeals concluded that the stop was not justified by reasonable suspicion of criminal activity, but did not address the bus driver’s liability. we agree with the court of appeals that the stop was justified.
167043 johnson v. zoosk (order) 07/18/2016 at issue in this case is whether a jury trial waiver provision in a 32.2.300.3 of the code of virginia is unenforceable as the commonwealths right to try the defendant within the time provided in the code was not honored. the defendant did not sign a written jury trial waiver until some two years after the applicable period for the commonwealth to exercise its right to try the case was over. the defendant has already served his sentence for the crimes charged. the provision at issue requires that a defendant must agree in writing, at least 30 days before any date that the trial is to commence, to a waiver of the right to a jury trial and its consequences. here, the period of time for the trial to commence, after the jury trial waiver provision was executed, was to commence within 30 days of the time the commonwealth certified to the court that it was prepared to proceed to trial. the commonwealth executed a certificate of readiness but did not do so until after the defendant had been sentenced and had completed his sentence. therefore, the waiver was signed after the period for the commonwealth to try the defendant had passed. the trial court did not sign the waiver until after the commonwealth had filed its certificate of readiness but before the defendant was sentenced, and under the facts of this case, the defendant was not subject to any additional penalty beyond having to serve his sentence and pay the costs associated with his trial and conviction. the defendant may not waive the right to a trial by jury; however, he can waive the consequences of a mistrial, which is what the jury trial waiver provision does. the appeal is dismissed because there is no basis in law or fact for the appeal, and the appeal is dismissed.