Making Trial Witnesses Mask Not a Confrontation Right Violation

Jan. 11, 2024, 11:01 PM UTC

A West Virginia police officer, convicted of violating an arrestee’s constitutional rights by beating him to the point of unconsciousness, isn’t entitled to a new trial based on the trial court’s mandate that the witnesses wear masks to reduce the spread of Covid-19, the Fourth Circuit ruled Thursday, affirming his conviction and sentence.

Defendant Everett Maynard argued that the mask requirement violated his Sixth Amendment right to confront the witnesses, and alleged the district court erred in applying sentencing enhancements for obstruction of justice and causing “serious bodily injury,” sentencing him to 108 months.

The right to confrontation is satisfied ...

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