Commonwealth v. Braun

A jury found the defendant guilty of two counts of distribution of cocaine. On appeal, the defendant’s principal claim is that he was denied a fair trial because the trial judge failed to take appropriate steps to ascertain that a juror was sufficiently attentive during the trial. We agree that under the circumstances it was incumbent on the judge to conduct a voir dire of the juror. We reverse the defendant’s convictions.

1. Background. Because the jury venire had been exhausted, the judge, the prosecutor, and defense counsel agreed that only six jurors would be seated, with no alternate. See…