on v. People

Summary

The court held that the defendant waived his challenge to the trial judge’s wife serving as a juror because counsel knew of the relationship but neither questioned nor challenged her before the jury was sworn. The court further held that the judge had no sua sponte duty to excuse the juror or recuse himself absent a contemporaneous objection, and it affirmed the court of appeals. Justice Gabriel dissented, concluding that the judge’s conduct created structural error requiring a new trial.