What Is Structural Error?
Structural error is the kind of trial mistake that is so bad the appellate court automatically reverses the conviction. [Read more…]
It’s Structural Error To Proceed With A Bench Trial Without A Knowing Waiver In Open Court
People v. Johnson, 2019 IL App (1st) 162517 (March).Episode 614 (Duration 11:45)
No valid jury waiver in the record even though he apparently signed the waiver form.
How Should The Judge Handle A Jury Request To See The Video?
People v. Lewis, 2018 IL App (4th) 150637 (April). Episode 514 (Duration 6:27)
It’s within the court’s full discretion to bring the jury back into the courtroom to view recorded evidence after deliberation has already begun. [Read more…]
Judge Handles Jury Requests Independently Without Informing The Parties
People v. Henderson, 2017 IL App (3d) 150550 (November). Episode 452 (Duration 8:53)
The judge brought the jury into the courtroom to let them see a video with neither the judge, the ASA, nor the defense attorney being there. [Read more…]
When Is A Closed Courtroom Considered Structural Error?
Weaver v. Massachusetts, SCOTUS, No. 16-240 (June 2017). Episode 371 (Duration 14:16)
Right to public trial is a structural right, but it really matters when the issue is brought up.
Failure To Instruct On An Essential Element Not A Structural Error
People v. Thompson, 2017 IL App (5th) 120079-B (May). Episode 368 (Duration 6:27)
Failure to instruct the jury on an essential element of the case does not necessarily constitute plain error.
We’re Still Figuring Out What Plain Error Means
People v. Sebby, 2017 IL 119445 (June). Episode 351 (Duration 9:25)
Supreme Court explains how plain error analysis works. [Read more…]