Is a judge's failure to grant a peremptory challenge a structural error?

California, United States of America


The following excerpt is from People v. Luna, B269629 (Cal. App. 2018):

Erroneous denial of a peremptory challenge is not structural error. (Singh, supra, 234 Cal.App.4th at p. 1331.) Such error "does not result in any fundamental unfairness, or interference with the reliability of the jury's factfinding function." (Ibid.) An error is " 'structural' and thus subject to automatic reversal, only in a 'very limited class of cases.' " (Neder v. U.S. (1999) 527 U.S. 1, 8.) Structural errors involve the complete denial of counsel, a biased trial judge, racial discrimination in the selection of a grand jury, denial of self-representation at trial, denial of a public trial, and a defective reasonable doubt instruction. (Ibid.)

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