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.