Michigan Supreme Court

People of Michigan v. Jacques Jean Kabongo

May 20, 2021

Summary

The lead opinion concluded that the trial court did not clearly err by rejecting the defendant's challenge to the prosecution's strike of Prospective Juror 2(a), but clearly erred by sustaining the prosecution's challenge to the defendant's strike of Prospective Juror 5(a). It further concluded that the erroneous denial of the defendant's peremptory challenge was not structural and was subject to harmless-error review, under which the absence of evidence that the seated juror was biased precluded reversal. The opinion would affirm the Court of Appeals judgment, although the judgment of the Supreme Court was affirmed by equal division.