Defendant was convicted, after 2015 jury trial, of delivery of a controlled substance. Defendant claimed that court should have granted his motion for mistrial because jury was not properly sworn before the start of trial. Court, after denying motion for mistrial, belatedly swore in the jury immediately after the trial judge noticed the error and prior to start of deliberations. Failure to administer oath to jury was clear error but not plain error. Defendant's objection was not timely made, as it was raised after State presented all its evidence, rather than when the error occurred which was before opening statement, when court could have taken corrective action. No basis to conclude that the verdict resulted from the later sworn jury. Error was not so serious that it affected the fairness of the trial and challenged integrity of judicial process. Evidence was more than sufficient to support conviction. (FITZGERALD SMITH and LAVIN, concurring.)
Illinois Appellate Court
Criminal Court
Jury