People v. Allan
299 Mich. App. 205
| Mich. Ct. App. | 2013Background
- Defendant David Lee Allan was convicted by an unsworn jury of conspiracy to commit extortion; jury found guilt on conspiracy, not on extortion.
- Before trial, the clerk administered an oath to prospective jurors; after selection, jurors were not sworn before trial.
- After verdict, the jury was polled with an oath to confirm the verdict; the jury affirmed.
- On remand, evidentiary hearing showed the jury was not sworn before trial commenced.
- The trial court’s failure to administer the oath was plain error, and the error was structural, affecting the trial’s fairness and reliability.
- The remedy was reversal and remand for a new trial with a properly sworn jury; jeopardy had not attached due to the lack of a sworn jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to swear the jury after selection was error | Allan contends error by not swearing the jury | Allan argues for reversal due to missing oath | Yes; plain error and structural flaw warrant reversal |
| Whether the unsworn jury constitutes structural error under law | Allan asserts structural error regardless of outcome | Allan contends no structural impact if evidence supports guilt | Yes; error structural and inherently harmful |
| Proper remedy for unsworn jury conviction | Allan should be retried with a sworn jury | Allan should not be retried if double jeopardy applies | Reversal and remand for new trial with sworn jury; jeopardy not attached |
| Impact of other rulings on relief | Allan requests broader relief based on other trial errors | Allan's remaining claims are moot | Moot for other issues; relief limited to oath failure |
Key Cases Cited
- People v. Carines, 460 Mich. 750 (Mich. 1999) (plain-error standard for constitutional rights)
- People v. Pribble, 72 Mich. App. 219 (Mich. Ct. App. 1976) (oath of jurors; fundamental right to impartial jury)
- People v. Clemons, 177 Mich. App. 523 (Mich. Ct. App. 1989) (unsworn jurors; mistrial/remand; oath importance)
- Vaughn v. Michigan, 491 Mich. 642 (Mich. 2012) (structural error concept in plain-error framework)
- Duncan v. Louisiana, 462 Mich. 47 (Mich. 2000) (structural error framework; intrinsic harm)
- Rivera v. Illinois, 556 U.S. 149 (U.S. 2009) (structural error analysis and framework)
- Neder v. United States, 527 U.S. 1 (U.S. 1999) (definitive harm analysis for missing procedures)
- Grace v. United States, 258 Mich. App. 274 (Mich. Ct. App. 2003) (jeopardy and trial integrity considerations)
- Crist v. Bretz, 437 U.S. 28 (U.S. 1978) (jeopardy attachment and retrial rules)