Summary
Unanimous U. S. Supreme Court decision that a criminal conviction may stand if a juror was wrongly seated after being opposed by a defense lawyer's peremptory challenge. The Court reasoned that because it is within the state's province to grant or withhold peremptory challenges, states are free to decide on their own what remedy should follow such error. Michael Rivera, the "Chief Enforcer" of a Chicago gang, shot and killed Marcus Lee as Lee walked down the street. During jury selection, Rivera tried to strike an African American female from the jury because she worked at a facility that also treated gunshot victims. The trial judge was not satisfied by counsel's explanation and challenged the strike. He overruled use of the peremptory strike. Defense counsel later remarked he was striking the juror because he wanted more men on the jury. The Illinois Supreme Court found the trial judge had erred in overruling the strike without proof of discrimination, but also found the error was harmless. The Foundation joined the case to argue that the trial judge had not erred in finding discrimination. The Supreme Court found that the judge's refusal to excuse the juror did not violate Rivera's right to a fair and impartial jury. [CJLF brief in PDF.]
