Idaho v. Cuenca
Annotate this CasePrior to voir dire in George Cuenca’s trial for aggravated battery, taking place in the midst of the COVID-19 pandemic, the district court ordered that everyone in the courtroom would wear masks, including witnesses. Cuenca objected that the jury would be unable to assess the witnesses’ facial expressions and demeanor during their testimony, which would make it difficult for the jury to judge the credibility of the witnesses. The district court overruled the objection. The trial proceeded, and the jury found Cuenca guilty. Cuenca appealed, claiming his confrontation right was violated by the district court’s mask order. After review, the Idaho Supreme Court concluded the district court’s order did not violate Cuenca’s confrontation right, and affirmed his judgment of conviction.
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