Annetti v. United States
Annetti v. United States
Opinion of the Court
Appellant, William Annetti, seeks reversal of his conviction of simple assault, in violation of D.C.Code § 22-504 (1989), after a bench trial. Specifically, Annetti alleges that the evidence was insufficient to support his conviction
Appellant’s principal contention, that the trial court erred in denying his motion for a new trial when the trial judge failed to disclose to the appellant before he waived his right to a jury trial that the judge’s brother was a police officer, is a matter of first impression in this jurisdiction. However, in concluding that the trial judge properly denied the motion, we are guided by the decisions of other federal and state courts that have considered this issue. These courts have uniformly held that a criminal defendant may not attack the validity of his waiver of a jury trial on the ground that the trial judge failed to disclose information absent circumstances
Finally, we must reject the appellant’s contention that the trial court abused its discretion in denying his motion for a mistrial where the trial judge admitted reading a newspaper article about the appellant’s case after the evidence had been presented but before the judge rendered his verdict. In light of the article’s marginal relevance to appellant’s trial, the trial judge’s statement that he had reached a decision before he read the article, and the absence of any evidence of bias or prejudice in the proceedings, we find that the trial judge did not abuse his discretion in denying the motion. Banks, supra, 516 A.2d at 526; (Edwin L.) Scott v. United States, 412 A.2d 364, 371 (D.C.App. 1980).
Affirmed.
. Viewed in the light most favorable to the government, the evidence showed that the appellant, a member of the Fourth District Metropolitan Police Force, struck a handcuffed burglary suspect during the course of escorting the detainee to and placing him in a police transport vehicle. Eyewitness testimony concerning the incident was sufficient to sustain a conviction of simple assault. See Hill v. United States, 541 A.2d 1285 (D.C. 1988); Williamson v. United States, 445 A.2d 975 (D.C. 1982).
Reference
- Full Case Name
- William ANNETTI v. UNITED STATES
- Status
- Published