People v. Smart

Illinois Appellate Court
Criminal Court
Jury Selection
Citation
Case Number: 
2022 IL App (2d) 210531
Decision Date: 
Tuesday, November 29, 2022
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
BRENNAN

Defendant was found guilty of two counts of domestic battery and sentenced to five years in prison. Defendant appealed, arguing that he was denied his constitutional right to a fair trial by an impartial jury when the court required that all jurors wear masks during voir dire because it prevented him from seeing jurors’ facial expressions. The appellate court affirmed, finding that there was no evidence that the wearing of masks undermined the jury selection process and noting that the majority of U.S. jurisdictions that had considered the question had come to the same result. (SCHOSTOK and HUDSON, concurring)