Criminal Procedure — equal protection

By: WISCONSIN LAW JOURNAL STAFF//February 17, 2014//

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — equal protection

Where a juror did not possess the requisite English language proficiency to serve as a juror without an interpreter, the district court did not abuse its discretion by removing and replacing him.

“In conclusion, even if the court made a mistake by allowing Vega on the jury for the first day of trial, any mistake was harmless and effectively remedied. As soon as the court was informed that Vega could not adequately fulfill his duties as a juror, the court cured the error quickly and effectively by replacing him with an alternate juror who had been present for the duration of the trial. In sum, the district court’s decision to dismiss and replace Vega was a sound method of remedying the situation, and the decision was not an abuse of discretion.”

Affirmed.

12-3517 U.S. v. Pineda

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Bauer, J.

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