The Rockford Litigation Lawyer : Rockford Business Litigation Lawyer & Attorney : Tim Whitham : Schlueter Ecklund Law Firm : Illinois Corporate Law & Tort Commentary

Another Appellate Court decision regarding the questioning of jurors under IL Supreme Court Rule 431 has recently been decided. This case, People v. Magallenes, has now stated that a violation of Rule 431 is not  per se grounds for an automatic reversal.

In this case it appears the court did ask the fourth part of Rule 431, but did not do so for each individual juror. The court held that there was no prejudice to the defendant.

Again, I am awaiting an IL Supreme Court case on this Rule.

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Two more Illinois Appellate Court cases have just been published regarding the Illinois Supreme Court Rule 431(b), People v. Arredondo and People v. Madrid. These decisions affect criminal cases in regards to jury selection. The appellate court is not giving any lee way in regards to the trial court not following the rule specifically.

Seems a little harsh in light of the evidence against the defendant in these cases. But, how do you balance the victim's rights to protection and a defendant's rights to a fair trial without enforcing the rules?

It will be interesting to see if the Supreme Court will get a chance to weigh in on this matter.

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