Sizemore v. Commonwealth

Opinion

COLEMAN, J.

In this appeal of a conviction for distributing cocaine, Terry Ira Sizemore claims that he was denied a fair and impartial trial because three of the jurors believed that he was required to present evidence of his innocence. Sizemore argues that these jurors were not disabused of this preconceived view, which he contends was disqualifying, by answering the trial judge’s rehabilitative question that they could follow an instruction that the Commonwealth had the burden to prove the defendant guilty beyond a reasonable doubt. We agree and reverse the conviction because the…