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STATE v. CUENCA

Docket No. 49037.

524 P.3d 882 (2023)

STATE of Idaho, Plaintiff-Respondent, v. George Fernando CUENCA, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2022 Term.

Opinion Filed: February 8, 2023.

Attorney(s) appearing for the Case

Eric D. Fredericksen , State Public Defender, Boise, for Appellant. Ben McGreevy argued.

Raúl R. Labrador , Idaho Attorney General, Boise, for Respondent. Kenneth K. Jorgensen argued.

This appeal concerns the Sixth Amendment's Confrontation Clause. Prior to voir dire in George Fernando Cuenca's trial for aggravated battery, taking place in the midst of the COVID-19 pandemic, the district court ordered that everyone in the courtroom would wear masks—including witnesses. Cuenca objected that the jury would...

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