State v. Yancey

In the present case the State concedes error when the trial judge failed to accede to a request made by Eric Yancey, the Respondent herein, that he be brought to the bench for conferences during voir dire. Our sole issue, thus, is whether the judge’s error could be considered harmless when a juror who was questioned at the bench, without Yancey’s presence, was selected to serve. We shall hold that the judge’s error was not harmless.1

Eric Yancey was charged with robbery with a dangerous weapon, conspiracy to commit robbery and first degree assault.2 At the beginning of trial in the Circuit…