Published on: Saturday, January 7, 2023

Nevada man's trial in March 2021 began with one of the jurors participating via Zoom for the first two days because of a possible Covid-19 infection. Man is convicted and appeals,  asserting that the remote participation was akin to depriving him of his constitutional rights to a fair and impartial jury trial. Ninth Circuit: If you don't want jurors in your criminal trial to participate by Zoom, don't consent to their doing so. Remote participation may conceivably cause problems, but they are not "structural" problems and are thus waivable.

The case is United States v. Knight, No. 21-10197 (9th Cir. Jan. 4, 2023).