U.S. v. Wiman

Federal 7th Circuit Court
Criminal Court
Voir Dire
Citation
Case Number: 
No. 16-3929
Decision Date: 
November 13, 2017
Federal District: 
S.D. Ind., Evansville Div.
Holding: 
Affirmed

In prosecution on robbery and firearm charges, Dist. Ct. did not commit reversible error in failing to administer oath to venire to answer questions truthfully prior to start of voir dire. Ct. rejected defendant’s argument that failure to swear venire prior to start of voir dire was structural error requiring new trial, and record showed that any error was harmless, where: (1) prior to completion of voir dire, Dist. Ct. acknowledged his own failure to administer said oath and directed clerk to swear in potential jurors; (2) Dist. Ct. also asked jurors collectively if giving oath would have changed any of their prior answers and no juror indicated that any of his or her answers would have changed; and (3) Dist. Ct. subsequently asked each selected juror individually if his or her answers would have been same if oath had been given at outset of voir dire and each juror answered yes.