Does the failure to administer the proper voir dire oath to the venire invalidate the entire trial?
MultiRegion, United States of America
The following excerpt is from Hoffler v. Bezio, Docket No. 11-5281-pr (2nd Cir. 2013):
In these circumstances, even if New York, in applying its own law, treats the failure to administer the proper voir dire oath to the venire as an error that "invalidate[s] the entire trial," People v. Hoffler, 53 A.D.3d at 124, 860 N.Y.S.2d at 272, for purposes of the Fifth Amendment protection against double jeopardy, this is the sort of non-jurisdictional trial
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