Posted On: April 5, 2009
IMPROPER DENIAL OF PEREMPTORY CHALLENGE IS NOT A VIOLATION OF FEDERAL DUE PROCESS
The Illinois trial court refused to allow defense counsel to exercise a peremptory challenge. This could happen in California for the same reason: the judge found that exercise of the challenge would violate Batson (476 U.S. 79) as being discriminatory. But the trial judge's
refusal to allow the challenge was wrong.
The U.S. Supremes have previously ruled that peremptory challenges are not required by the U.S. Constitution. Here, they hold that state law governs the consequences of improper denial of peremptory challenges; such an improper denial is just not a federal due process violation.
Rivera v. Illinois; 2009 DJ DAR 4822; DJ, 4/1/09; US Supremes
