2013 IL App (2d) 111228
Ill. App. Ct.2013Background
- defendant was convicted of three counts of felony disorderly conduct for false reports to public employees about a handgun threat at a school restroom
- trial court allowed a midtrial peremptory challenge by the State to remove juror Posley after new information linked Posley to a related shooting case
- Posley knew defendant’s pastor-parents and had a family tie to the Barmore case; the court deemed the link potentially prejudicial
- defense requested removal for cause; the court initially considered but ultimately permitted the State to use a peremptory to strike Posley over defense objection
- the convictions were entered and defendant appealed, arguing the midtrial peremptory was reversible error and violated due process
- the appellate court vacated the convictions and remanded for a new trial, holding midtrial peremptory challenges are structural error warranting automatic reversal
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether midtrial peremptory challenge is reversible structural error | People argued trial court’s midtrial use was harmless | Brown argued it was structural error automatic reversal | Yes; midtrial peremptory challenge constitutes structural error and automatic reversal |
| Whether due-process requires harmless-error analysis given potential bias | People contended any error was harmless due to possible cure by cause removal | Brown contended the error was structural and not subject to harmless analysis | No; error is structural and not subject to harmless-error analysis |
Key Cases Cited
- People v. Castro, 146 Ill. App. 3d 629 (1986) (pre-trial peremptory challenges allowed to sworn juror under certain circumstances)
- People v. Peeples, 205 Ill. 2d 480 (2002) (peremptory challenges generally not allowed for sworn jurors)
- Harbin v. United States, 250 F.3d 532 (7th Cir. 2001) (midtrial peremptory challenge deemed structural error; automatic reversal)
- People v. Nash, 409 Ill. App. 3d 342 (2011) (persuasive authority on midtrial peremptory challenges)
- People v. Robinson, 299 Ill. App. 3d 426 (1998) (reversible error where peremptory challenges impeded impartial jury)