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Structural Error – Voir Dire – Juror Questions

By: Derek Hawkins//November 21, 2017//

Structural Error – Voir Dire – Juror Questions

By: Derek Hawkins//November 21, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Elmer F. Wiman

Case No.: 16-3929

Officials: WOOD, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges.

Focus: Structural Error – Voir Dire – Juror Questions

Elmer Wiman was convicted by a jury of robbing a credit union, carrying a firearm during and in relation to a crime of violence (the robbery itself), and possessing a firearm as a felon. On appeal he raises a narrow challenge: that the district court’s failure before the start of voir dire to swear the venire to answer questions truthfully is a structural error that warrants a new trial. We disagree, conclude that any error here is harmless, and affirm the judgment.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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