Constitutional Law
Jul. 9, 2014
Shades of Gray: to err in jury selection
Not all errors at trial require a retrial. The state Supreme Court is in the midst of deciding which do and which do not when the error involves jury selection.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
Poets have said, "To err is human." But judges have ruled that not all errors at trial require a retrial. The state Supreme Court is in the midst of deciding which do and which do not when the error involves jury selection.
A handful of errors at trial automatically require retrial, while most others make retrial contingent upon a finding that the error prejudiced the defendant. See Chapman v. California, 386 U.S. 18, 24 (1967); People v. Watson, 46 Cal. 2d 818, 836 ...For only $95 a month (the price of 2 article purchases)
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