People v. Moon

Summary

The court held that trying the defendant before a jury that had never been given a trial oath violated the Illinois constitutional right to trial by an impartial jury and constituted structural error. Although the defendant failed to object during trial, the error qualified as second-prong plain error, requiring automatic reversal without a showing of prejudice. The court reversed and remanded for a new trial, concluding that retrial was not barred because jeopardy never attached.