biased jury is structural error (Illinois) · Go Syfert
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biased jury is structural error in Illinois

23 Illinois opinions name it 2 courts 2010–2025 3 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
People v. Thompsongreen
ill · 2010 · cited in 18 Illinois opinions naming this issue, 2010–2024
2 sentences

2024We also noted that “[t]rial before a biased jury is structural error and requires automatic reversal.” Id. (citing People v. Thompson, 238 Ill. 2d 598, 610 (2010)).

2015As Justice Burke points out, a “[t]rial before a biased jury is structural error.” Id. ¶ 85 (citing Thompson, 238 Ill. 2d at 610 ).

818
People v. Guestgreen
ill · 1995 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Errors in trial strategy do not constitute ineffective assistance unless ‘ “counsel entirely fails to conduct any meaningful adversarial testing.” ’ ” People v. Custer, 2019 IL 123339, ¶ 39 (quoting People v. West, 187 Ill. 2d 418, 432-33 (1999) (quoting People v. Guest, 166 Ill. 2d 381, 394 (1995))). ¶ 18 Defendant argues, citing to the United States Supreme Court case Weaver v. Massachusetts, 582 U.S. 286 (2017), that prejudice should be presumed in this matter because trial before a biased jury is structural error.

11
People v. Westgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Errors in trial strategy do not constitute ineffective assistance unless ‘ “counsel entirely fails to conduct any meaningful adversarial testing.” ’ ” People v. Custer, 2019 IL 123339, ¶ 39 (quoting People v. West, 187 Ill. 2d 418, 432-33 (1999) (quoting People v. Guest, 166 Ill. 2d 381, 394 (1995))). ¶ 18 Defendant argues, citing to the United States Supreme Court case Weaver v. Massachusetts, 582 U.S. 286 (2017), that prejudice should be presumed in this matter because trial before a biased jury is structural error.

11
People v. Smithgreen
ill · 2000 · cited in 1 Illinois opinions naming this issue, 2025–2025
2 sentences

2025“Counsel’s performance is measured by an objective standard of competence under prevailing professional norms.” Id. at 188 .

2025Defendant argues that he does not need to show prejudice by showing a reasonable probability of a different outcome because a trial before a biased jury is structural error and prejudice is presumed. ¶ 17 “To establish a claim of ineffective assistance of counsel, a defendant must prove both deficient performance and prejudice.” People v. Smith, 195 Ill. 2d 179, 187-88 (2000).

11
People v. Custergreen
ill · 2019 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025“Errors in trial strategy do not constitute ineffective assistance unless ‘ “counsel entirely fails to conduct any meaningful adversarial testing.” ’ ” People v. Custer, 2019 IL 123339, ¶ 39 (quoting People v. West, 187 Ill. 2d 418, 432-33 (1999) (quoting People v. Guest, 166 Ill. 2d 381, 394 (1995))). ¶ 18 Defendant argues, citing to the United States Supreme Court case Weaver v. Massachusetts, 582 U.S. 286 (2017), that prejudice should be presumed in this matter because trial before a biased jury is structural error.

11
People v. Jacksongreen
ill · 2022 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023In Jackson, the court found the error in jury polling was not structural error because an error in the permissive procedure did not necessarily deny the fundamental right to juror unanimity and was “not an essential element of the framework within which a criminal trial proceeds.” Jackson, 2022 IL 127256, ¶¶ 47, 65 .

11
People v. Fariagreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012“A judge’s display of displeasure or irritation with an attorney’s behavior is not necessarily evidence of judicial bias against the defendant or his counsel.” (Emphasis added.) People v. Faria, 402 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
People v. Belknap green
ill · 2015
2 sentences

2015As Justice Burke points out, a “[t]rial before a biased jury is structural error.” Id. ¶ 85 (citing Thompson, 238 Ill. 2d at 610 ).

2015As Justice Burke points out, a “[t]rial before a biased jury is structural error.” Id. ¶ 85 (citing Thompson, 238 Ill. 2d at 610 ).

32015–2015
People v. Glasper green
ill · 2009
2 sentences

2018Glasper, 234 Ill. 2d at 201 .

2017Glasper , 234 Ill.2d at 201 , 334 Ill.Dec. 575 , 917 N.E.2d 401 .

22017–2018
Weaver v. Massachusetts green
scotus · 2017
1 sentence

2025“Errors in trial strategy do not constitute ineffective assistance unless ‘ “counsel entirely fails to conduct any meaningful adversarial testing.” ’ ” People v. Custer, 2019 IL 123339, ¶ 39 (quoting People v. West, 187 Ill. 2d 418, 432-33 (1999) (quoting People v. Guest, 166 Ill. 2d 381, 394 (1995))). ¶ 18 Defendant argues, citing to the United States Supreme Court case Weaver v. Massachusetts, 582 U.S. 286 (2017), that prejudice should be presumed in this matter because trial before a biased jury is structural error.

12025–2025
People v. Maya green
illappct · 2019
1 sentence

2024We also noted that “[t]rial before a biased jury is structural error and requires automatic reversal.” Id. (citing People v. Thompson, 238 Ill. 2d 598, 610 (2010)).

12024–2024

Statutes the citing opinions construe

IL § 720 ILCS 5/31-1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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