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Rivera v. Illinois
Docket No.: 07-9995 Certiorari Granted: Oct 1 2008 Argued: February 23, 2009 Decided: March 31, 2009
PartyNames: Michael Rivera v. Illinois Petitioner: Michael Rivera Respondent: Illinois
Court Below: Supreme Court of Illinois
Michael Rivera v. Illinois
Whether the erroneous denial of a criminal defendant's peremptory challenge that resulted in the challenged juror being seated requires automatic reversal of a conviction because it undermines the trial structure for preserving the constitutional right to due process and an impartial jury.
Does an error in dismissing a defendant's pre-trial motion to dismiss a juror require automatic reversal of conviction because it denies the defendant's right to an impartial jury guaranteed by the Sixth Amendment?