People v. Moon

This case presents question as to whether defendant’s conviction on domestic battery charge is nullity because trial court did not properly administer trial oath to jury. Record showed that defendant did not object prior to or during trial to jury not being administered trial oath. Appellate court majority found that such failure was not structural error and subsequently affirmed defendant’s conviction and sentence under plain error standard. Dissenting Justice contended that failure of jury to receive trial oath was structural error requiring reversal of defendant’s conviction.