Legal Opinion · Dissent

People v. Brown

Appellate Court of Illinois

Decided February 23, 2009No. 1-06-1760Published

1Dissent

JUSTICE ROBERT E. GORDON,

dissenting:

I respectfully dissent.

As the majority indicates, “[t]he purpose of voir dire is to insure the selection of an impartial panel of jurors free from bias or prejudice.” People v. Stewart, 343 Ill. App. 3d 963, 977 (2003). The trial judge is in a sensitive position when examining prospective jurors, and the judge’s conduct can create an atmosphere that taints the jury selection process and thus deprives a party of a fair trial. Rowe, 106 F.3d at 1230.

The majority states that it has “no disagreement with the Rowe decision,” but that it feels constrained not to…

2Cases cited14 opinions

  1. People v. PiatkowskiIllinois Supreme Court · 2007
  2. People v. VargasIllinois Supreme Court · 1996
  3. United States v. VegaCourt of Appeals for the Fifth Circuit · 2000
  4. People v. MarinoIllinois Supreme Court · 1953
  5. Roberts v. KettelleSupreme Court of Rhode Island · 1976

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