Signs at the entrance to Paulie Gee's Pizzeria in Baltimore, Maryland, asking customers to wait at the door to be let inside, and to wear a mask while inside, following the Baltimore City mask mandate to stem the spread of coronavirus in 2021. Photo: Diego M. Radzinschi/ALM In Novel Ruling, Superior Court Finds Mask Mandates Didn't Violate Defendant's Right to Face-to-Face Confrontation
The defendant claimed his Sixth Amendment right to confrontation was violated when the judge "refused to modify COVID-19 procedures consistent with surrounding jurisdictions," because the jury "could not assess the witness['] credibility by observing their behavior," the opinion said.
May 27, 2022 at 11:07 AM
4 minute read
In its first consideration, the Pennsylvania Superior Court rejected a criminal defendant's claims that his Sixth Amendment right a face-to-face confrontation with testifying witnesses was violated due to masking requirements during the pandemic.
Following a jury trial in April 2021, Theodore B. Dixon was convicted in the Philadelphia Court of Common Pleas of second-degree murder, conspiracy to commit murder, and robbery. In one of his claims to the Superior Court, he argued that Judge Glenn B. Bronson erred in denying his oral motion following jury selection that requested counsel and testifying witnesses be allowed to lower their masks.
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