State v. Yancey
Annotate this CaseDefendant was charged with robbery with a dangerous weapon, conspiracy to commit robbery and first degree assault. During voir dire, the trial judge failed to accede to Defendant’s request that he be brought to the bench for conferences during voir dire. During one of those conferences, a juror who was questioned at the bench without Defendant’s presence was selected to serve on the jury. The Court of Special Appeals reversed Defendant’s conviction, concluding that his exclusion from bench conferences during voir dire was not harmless beyond a reasonable doubt. The Court of Appeals affirmed, holding that the judge’s error in failing to bring Defendant to the bench for conferences during voir dire was not harmless where the juror who was questioned at the bench without Defendant’s presence was selected to serve.
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