Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Rivera v. Illinois

  • The argument will be heard on February 23, 2009.
  • Issue: Does a criminal defendant’s conviction need be automatically reversed when the court erroneously denied his preemptory challenge, which resulted in a challenged juror being seated?
  • Background: Michael Rivera was charged with two counts of first degree murder and sentenced to 85 years of incarceration. At the defendant’s trial, he raised a preemptory challenge to a juror being seated, but the trial court dismissed that challenge when it, sua sponte, raised a challenge under Batson v. Kentucky. The lower court agreed, but did not hold that this was reversible error.

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