The Michigan Court of Appeals has ordered a new trial for a defendant convicted of criminal sexual conduct because the jury seated to hear the case was never sworn in by the judge.
The error was not caught by the judge, the prosecution, the defense, or trial court staff. The two-to-one decision by a three-judge panel held that failing to administer the oath was a “structural error” that requires the verdict to be vacated.
In a dissenting opinion, Judge Christopher Murray noted, even without the oath, the jury instructions include a reminder that they have a sworn duty…