On 10/1/08 the U.S. Supreme Court agreed to hear a case arising from now retired Judge Fiala’s court on whether the erroneous denial of a criminal defendant’s preemptory challenge that resulted in the challenged juror being seated requires automatic reversal of a conviction. (Rivera v Illinois 07-9995) The Illinois Supreme Court had ruled that Judge Fiala erred by raising a sua sponte reverse Batson claim and then seating the juror over objection, but that the error was harmless in light of the overwhelming evidence. People v. Rivera, 879 N.E. 876. Click here for a link to the case.
1/6/09 : Here is a link to the brief filed on behalf of the defendant.
Comments are closed.