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Commonwealth v. Delmonico

Pennsylvania Superior Court

May 4, 2021

In Commonwealth v. Delmonico, the defendant appealed his conviction on the charges of delivery of a controlled substance, criminal conspiracy, and related charges. He argued that the jury’s verdict was against the weight of the evidence, and the trial court erred in requiring the prospective jurors to wear masks and socially distance during voir dire.  The Pennsylvania Superior Court affirmed, finding no merit to the defendant’s weight claim. Further, the Court ruled that the masking and social distancing of the prospective jurors did not interfere with the sole purpose of voir dire: the “empaneling of a competent, fair, impartial, and unprejudiced jury capable of following the instructions of the trial court.”

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