A panel of federal appellate judges in Washington, D.C., on Thursday weighed whether the jury in a convicted sex offender’s trial was not drawn from a fair cross-section of the community due in part to COVID-19.

Judges Sri Srinivasan, A. Raymond Randolph and Bradley Garcia heard arguments Thursday from Joseph Smith, who argued in court papers that Black people were underrepresented in the jury venire for his October 2021 trial because of “disproportionately low Black response rates to jury summonses driven by the COVID-19.”

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