Supreme Court of the United States

Rivera v. Illinois

March 31, 2009556 U.S. 148

Summary

Justice Ginsburg, writing for a unanimous Court, held that a state trial court’s good-faith erroneous denial of a peremptory challenge does not violate federal due process when the defendant receives a fair trial before qualified, unbiased jurors. Because peremptory challenges are not constitutionally required, federal law does not require automatic reversal in these circumstances; states may determine whether the error requires reversal or permits harmless-error review. The Court affirmed the Illinois Supreme Court’s judgment upholding Rivera’s conviction. There were no separate opinions.

Holding

  • Whether the erroneous denial of Rivera’s peremptory challenge violated federal due process.. The good-faith erroneous denial of a state-provided peremptory challenge does not violate federal due process when the defendant is tried fairly before a qualified and impartial jury.
  • Whether federal law required automatic reversal notwithstanding the absence of a constitutional violation.. Federal law does not require automatic reversal for the mistaken denial of a state-provided peremptory challenge in these circumstances; states may prescribe automatic reversal or permit harmless-error review.

Docket 07-9995

Cited authorities

  • Rule 434(d)
  • Fed. R. Crim. P. 24(b)

Cited by