Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
High court hears argument that juror's voir dire created structural error in Kanza appeal
Summary
Defense counsel argued the judge's handling of juror 24 — including a question about whether 'Hispanics may commit crime more frequently' — distorted voir dire and amounted to structural error; the Commonwealth said the juror ultimately said he could be fair and did not deliberate, making any error harmless.
William Smith, counsel for the defendant in Commonwealth v. Franklin Kanza, told the court that an exchange with prospective juror number 24 during voir dire required strict adherence to the Williams protocol and amounted to structural error. "First of all, this is structural error," Smith said, arguing the juror's shifting answers and the judge's repeated questioning undermined the integrity of jury selection.
Smith described the voir dire exchange in which the judge asked whether the juror believed Hispanics might commit crimes more frequently; the juror first replied…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
