OPINION OF THE COURT
RIVERA V. ILLINOIS
556 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-9995
MICHAEL RIVERA, PETITIONER
v. ILLINOIS
on writ of certiorari to the supreme court of
illinois
[March 31, 2009]
Justice Ginsburg delivered the
opinion of the Court.
This case concerns the
consequences of a state trial court’s erroneous denial of a
defendant’s peremptory challenge to the seating of a juror in a
criminal case. If all seated jurors are qualified and unbiased,
does the Due Process Clause of the Fourteenth Amendment nonetheless
require automatic reversal of the defendant’s conviction?
Following a jury trial in an Illinois state
court, defendant-petitioner Michael Rivera was convicted of
first-degree murder and sentenced to a prison term of 85 years. On
appeal, Rivera challenged the trial court’s rejection of his
peremptory challenge to venire member Deloris Gomez. Gomez sat on
Rivera’s jury and indeed served as the jury’s foreperson. It is
conceded that there was no basis to challenge Gomez for cause. She
met the requirements for jury service, and Rivera does not contend
that she was in fact biased against him. The Supreme Court of
Illinois held that the peremptory challenge should have been
allowed, but further held that the error was harmless and therefore
did not warrant reversal of Rivera’s conviction. We affirm the
judgment of the Illinois Supreme Court.
The right to exercise peremptory challenges in
state court is determined by state law. This Court has “long
recognized” that “peremptory challenges are not of federal
constitutional dimension.”
United States v.
Martinez-Salazar,
528 U. S. 304, 311
(2000). States may withhold peremptory challenges “altogether
without impairing the constitutional guarantee of an impartial jury
and a fair trial.”
Georgia v.
McCollum,
505 U. S. 42, 57 (1992).
Just as state law controls the existence and exercise of peremptory
challenges, so state law determines the consequences of an
erroneous denial of such a challenge. Accordingly, we have no cause
to disturb the Illinois Supreme Court’s determination that, in the
circumstances Rivera’s case presents, the trial court’s error did
not warrant reversal of his conviction.
I
Rivera was charged with
first-degree murder in the Circuit Court of Cook County, Illinois.
The State alleged that Rivera, who is Hispanic, shot and killed
Marcus Lee, a 16-year-old African-American, after mistaking Lee for
a member of a rival gang.
During jury selection, Rivera’s
counsel questioned prospective juror Deloris Gomez, a business
office supervisor at Cook County Hospital’s outpatient orthopedic
clinic. App. 32–33. Gomez stated that she sometimes interacted with
patients during the check-in process and acknowledged that Cook
County Hospital treats many gunshot victims. She maintained,
however, that her work experience would not affect her ability to
be impartial. After questioning Gomez, Rivera’s counsel sought to
use a peremptory challenge to excuse her.
Id., at 33. At
that point in the jury’s selection, Rivera had already used three
peremptory challenges. Two of the three were exercised against
women; one of the two women thus eliminated was African-American.
Illinois law affords each side seven peremptory challenges. See
Ill. Sup. Ct. Rule 434(d) (West 2006).
Rather than dismissing Gomez, the trial judge
called counsel to chambers, where he expressed concern that the
defense was discriminating against Gomez. App. 34–36. Under
Batson v.
Kentucky,
476 U. S. 79 (1986), and
later decisions building upon
Batson, parties are
constitutionally prohibited from exercising peremptory challenges
to exclude jurors on the basis of race, ethnicity, or sex. Without
specifying the type of discrimination he suspected or the reasons
for his concern, the judge directed Rivera’s counsel to state his
reasons for excusing Gomez. Counsel responded, first, that Gomez
saw victims of violent crime on a daily basis. Counsel next added
that he was “pulled in two different ways” because Gomez had “some
kind of Hispanic connection given her name.” App. 34. At that
point, the judge interjected that Gomez “appears to be an African
American”—the second “African American female” the defense had
struck.
Id., at 34–35. Dissatisfied with counsel’s
proffered reasons, the judge denied the challenge to Gomez, but
agreed to allow counsel to question Gomez further.
After asking Gomez additional questions about
her work at the hospital, Rivera’s counsel renewed his challenge.
Counsel observed, outside the jury’s presence, that most of the
jurors already seated were women. Counsel said he hoped to “get
some impact from possibly other men in the case.”
Id., at
39. The court reaffirmed its earlier ruling, and Gomez was seated
on the jury.
Rivera’s case proceeded to trial. The jury,
with Gomez as its foreperson, found Rivera guilty of first-degree
murder. A divided panel of the Appellate Court of Illinois rejected
Rivera’s challenge to the trial judge’s
Batson ruling and
affirmed his conviction. 348 Ill. App. 3d 168, 810 N. E. 2d
129 (2004).
The Supreme Court of Illinois accepted
Rivera’s petition for leave to appeal and remanded for further
proceedings. 221 Ill. 2d 481, 852 N. E. 2d 771 (2006). A trial
judge, the court held, may raise a
Batson issue
sU.
S.onte only when there is a prima facie case of
discrimination. Concluding that the record was insufficient to
evaluate the existence of a prima facie case, the court instructed
the trial judge to articulate the bases for his
Batson
ruling and, in particular, to clarify whether the alleged
discrimination was on the basis of race, sex, or both. 221 Ill. 2d,
at 515–516, 852 N. E. 2d, at 791.
On remand, the trial judge stated that prima
facie evidence of sex discrimination—namely, counsel’s two prior
challenges to women and “the nature of [counsel’s] questions”—had
prompted him to raise the
Batson issue. App. 136.
Counsel’s stated reasons for challenging Gomez, the judge reported,
convinced him that that “there had been a purposeful discrimination
against Mrs. Gomez because of her gender.”
Id., at
137.
The case then returned to the Illinois Supreme
Court. Although that court disagreed with the trial judge’s
assessment, it affirmed Rivera’s conviction. 227 Ill. 2d 1, 879
N. E. 2d 876 (2007). The Illinois High Court concluded “that
the record fails to support a
prima facie case of
discrimination
of any kind.”
Id., at 15, 879
N. E. 2d, at 884. Accordingly, the court determined, the trial
judge erred, first in demanding an explanation from Rivera’s
counsel, and next, in denying Rivera’s peremptory challenge of
Gomez.
Ibid.
Even so, the Illinois Supreme Court rejected
Rivera’s ultimate argument that the improper seating of Gomez
ranked as “reversible error without a showing of prejudice.”
Id., at 16, 879 N. E. 2d, at 885 (quoting
Swain v.
Alabama,
380 U. S. 202, 219 (1965)). Citing
this Court’s guiding decisions, the Illinois court observed that
“the Constitution does not confer a right to peremptory
challenges.” 227 Ill. 2d, at 17, 879 N. E. 2d, at 885 (quoting
Batson, 476 U. S., at 91). Although “peremptory challenges
are ‘
one means of assuring the selection of a qualified
and unbiased jury,’ ” the court explained, they are not
“indispensable to a fair trial.” 227 Ill. 2d, at 16, 879 N. E.
2d, at 885 (quoting
Batson, 476 U. S., at 91).
Accordingly, the court held, the denial of
Rivera’s peremptory challenge did not qualify as a structural error
requiring automatic reversal. See 227 Ill. 2d, at 19–20, 879
N. E. 2d, at 887 (citing
Washington v.
Recuenco,
548 U. S. 212, 218–219
(2006)). The court saw no indication that Rivera had been “tried
before a biased jury, or even
one biased juror.” 227 Ill.
2d, at 20, 879 N. E. 2d, at 887. In that regard, the court
stressed, Rivera did “not suggest that Gomez was subject to excusal
for cause.”
Ibid.
Relying on both federal and state precedents,
the court proceeded to consider whether it was “clear beyond a
reasonable doubt that a rational jury would have found [Rivera]
guilty absent the error.”
Id., at 21, 879 N. E. 2d,
at 887 (quoting
Neder v.
United States,
527 U. S. 1, 18 (1999)).
After reviewing the trial record, the court concluded that Gomez’s
presence on the jury did not prejudice Rivera because “any rational
trier of fact would have found [Rivera] guilty of murder on the
evidence adduced at trial.” 227 Ill. 2d, at 26, 879 N. E. 2d,
at 890.
Having held the error harmless beyond a
reasonable doubt, the court added that it “need not decide whether
the erroneous denial of a peremptory challenge is an error of
constitutional dimension in these circumstances.”
Id., at
27, 879 N. E. 2d, at 891. This comment, it appears, related to
Rivera’s arguments that, even absent a freestanding constitutional
entitlement to peremptory challenges, the inclusion of Gomez on his
jury violated his Fourteenth Amendment right to due process of
law.
We granted certiorari, 554 U. S. __ (2008), to
resolve an apparent conflict among state high courts over whether
the erroneous denial of a peremptory challenge requires automatic
reversal of a defendant’s conviction as a matter of federal law.
Compare
Angus v.
State, 695 N. W. 2d 109,
118 (Minn. 2005) (applying automatic reversal rule);
State
v.
Vreen, 143 Wash. 2d 923, 927–932, 26 P. 3d 236,
238–240 (2001) (same), with
People v.
Bell, 473
Mich. 275, 292–299, 702 N. W. 2d 128, 138–141 (2005)
(rejecting automatic reversal rule and looking to state law to
determine the consequences of an erroneous denial of a peremptory
challenge); 227 Ill. 2d., at 15–27, 879 N. E. 2d, at 884–891
(case below). We now affirm the judgment of the Supreme Court of
Illinois.
II
The Due Process Clause of the
Fourteenth Amendment, Rivera maintains, requires reversal whenever
a criminal defendant’s peremptory challenge is erroneously denied.
Rivera recalls the ancient lineage of the peremptory challenge and
observes that the challenge has long been lauded as a means to
guard against latent bias and to secure “the constitutional end of
an impartial jury and a fair trial.”
McCollum, 505 U. S.,
at 57. When a trial court fails to dismiss a lawfully challenged
juror, Rivera asserts, it commits structural error: the jury
becomes an illegally constituted tribunal, and any verdict it
renders is
per se invalid. According to Rivera, this holds
true even if the Constitution does not itself mandate peremptory
challenges, because criminal defendants have a constitutionally
protected liberty interest in their state-provided peremptory
challenge rights. Cf.
Evitts v.
Lucey,
469 U. S. 387, 393
(1985) (although “the Constitution does not require States to grant
appeals as of right to criminal defendants,” States that provide
such appeals “must comport with the demands of the Due Process and
Equal Protection Clauses”).
The improper seating of a juror,
Rivera insists, is not amenable to harmless-error analysis because
it is impossible to ascertain how a properly constituted jury—here,
one without juror Gomez—would have decided his case. Thus, he
urges, whatever the constitutional status of peremptory challenges,
automatic reversal must be the rule as a matter of federal law.
Rivera’s arguments do not withstand scrutiny.
If a defendant is tried before a qualified jury composed of
individuals not challengeable for cause, the loss of a peremptory
challenge due to a state court’s good-faith error is not a matter
of federal constitutional concern. Rather, it is a matter for the
State to address under its own laws.
As Rivera acknowledges, Brief for Petitioner
38, this Court has consistently held that there is no freestanding
constitutional right to peremptory challenges. See,
e.g.,
Martinez-Salazar, 528 U. S., at 311. We have characterized
peremptory challenges as “a creature of statute,”
Ross v.
Oklahoma,
487 U. S. 81, 89 (1988),
and have made clear that a State may decline to offer them at all.
McCollum, 505 U. S., at 57. See also
Holland v.
Illinois,
493 U. S. 474, 482
(1990) (dismissing the notion “that the requirement of an
‘impartial jury’ impliedly
compels peremptory
challenges”). When States provide peremptory challenges (as all do
in some form), they confer a benefit “beyond the minimum
requirements of fair [jury] selection,”
Frazier v.
United States,
335 U. S. 497, 506
(1948), and thus retain discretion to design and implement their
own systems,
Ross, 487 U. S., at 89.[
Footnote 1]
Because peremptory challenges are within the
States’ province to grant or withhold, the mistaken denial of a
state-provided peremptory challenge does not, without more, violate
the Federal Constitution. “[A] mere error of state law,” we have
noted, “is not a denial of due process.”
Engle v.
Isaac,
456
U. S. 107, 121, n. 21 (1982) (internal quotation marks
omitted). See also
Estelle v.
McGuire,
502 U. S. 62, 67, 72–73
(1991). The Due Process Clause, our decisions instruct, safeguards
not the meticulous observance of state procedural prescriptions,
but “the fundamental elements of fairness in a criminal trial.”
Spencer v.
Texas,
385 U. S. 554, 563–564
(1967).
The trial judge’s refusal to excuse juror
Gomez did not deprive Rivera of his constitutional right to a fair
trial before an impartial jury. Our decision in
Ross is
instructive. Ross, a criminal defendant in Oklahoma, used a
peremptory challenge to rectify the trial court’s erroneous denial
of a for-cause challenge, leaving him with one fewer peremptory
challenge to use at his discretion. The trial court’s error, we
acknowledged, “may have resulted in a jury panel different from
that which would otherwise have decided [Ross’s] case.” 487 U. S.,
at 87. But because no member of the jury as finally composed was
removable for cause, we found no violation of Ross’s Sixth
Amendment right to an impartial jury or his Fourteenth Amendment
right to due process.
Id., at 86–91.
We encountered a similar situation in
Martinez-Salazar and reached the same conclusion.
Martinez-Salazar, who was tried in federal court, was entitled to
exercise peremptory challenges pursuant to Federal Rule of Criminal
Procedure 24(b). His decision to use one of his peremptory
challenges to cure the trial court’s erroneous denial of a
for-cause challenge, we held, did not impair his rights under that
Rule. “[A] principal reason for peremptories,” we explained, is “to
help secure the constitutional guarantee of trial by an impartial
jury.” 528 U. S., at 316. Having “received precisely what federal
law provided,” and having been tried “by a jury on which no biased
juror sat,” Martinez-Salazar could not “tenably assert any
violation of his … right to due process.”
Id., at 307,
317.
Rivera’s efforts to distinguish
Ross
and
Martinez-Salazar are unavailing. First, Rivera
observes, the defendants in
Ross and
Martinez-Salazar did not challenge any of the jurors who
were in fact seated. In contrast, Rivera attempted to exercise a
peremptory challenge against a specific person—Gomez—whom he
perceived to be unfavorable to his cause. But, as Rivera
recognizes, neither Gomez nor any other member of his jury was
removable for cause. See Tr. of Oral Arg. 9. Thus, like the juries
in
Ross and
Martinez-Salazar, Rivera’s jury was
impartial for Sixth Amendment purposes. Rivera suggests that due
process concerns persist because Gomez knew he did not want her on
the panel. Gomez, however, was not privy to the
in camera
discussions concerning Rivera’s attempt to exercise a peremptory
strike against her. See,
supra, at 3. We reject the notion
that a juror is constitutionally disqualified whenever she is aware
that a party has challenged her. Were the rule otherwise, a party
could circumvent
Batson by insisting in open court that a
trial court dismiss a juror even though the party’s peremptory
challenge was discriminatory. Or a party could obtain a juror’s
dismissal simply by making in her presence a baseless for-cause
challenge. Due process does not require such counterintuitive
results.
Second, it is not constitutionally significant
that the seating of Gomez over Rivera’s peremptory challenge was at
odds with state law. The defendants in
Ross and
Martinez-Salazar, Rivera emphasizes, were not denied their
peremptory-challenge rights under applicable law—state law in
Ross and the Federal Rules of Criminal Procedure in
Martinez-Salazar. But as we have already explained,
supra, at 7–8, errors of state law do not automatically
become violations of due process. As in
Ross and
Martinez-Salazar, there is no suggestion here that the
trial judge repeatedly or deliberately misapplied the law or acted
in an arbitrary or irrational manner.
Martinez-Salazar,
528 U. S., at 316;
Ross, 487 U. S., at 91, n. 5.
Rather, the trial judge’s conduct reflected a good-faith, if
arguably overzealous, effort to enforce the antidiscrimination
requirements of our
Batson-related precedents. To hold
that a one-time, good-faith misapplication of
Batson
violates due process would likely discourage trial courts and
prosecutors from policing a criminal defendant’s discriminatory use
of peremptory challenges. The Fourteenth Amendment does not compel
such a tradeoff.
Rivera insists that, even without a
constitutional violation, the deprivation of a state-provided
peremptory challenge requires reversal as a matter of federal law.
We disagree. Rivera relies in part on
Swain,
380 U. S. 202, which suggested that
“[t]he denial or impairment of the right [to exercise peremptory
challenges] is reversible error without a showing of prejudice.”
Id., at 219. We disavowed this statement in
Martinez-Salazar, observing, albeit in dicta, “that the
oft-quoted language in
Swain was not only unnecessary to
the decision in that case . . . but was founded on a series of our
early cases decided long before the adoption of harmless-error
review.” 528 U. S., at 317, n. 4. As our recent decisions make
clear, we typically designate an error as “structural,” therefore
“requir[ing] automatic reversal,” only when “the error ‘necessarily
render[s] a criminal trial fundamentally unfair or an unreliable
vehicle for determining guilt or innocence.’ ”
Recuenco, 548 U. S., at 218–219 (quoting
Neder,
527 U. S., at 9). The mistaken denial of a state-provided
peremptory challenge does not, at least in the circumstances we
confront here, constitute an error of that character.
The automatic reversal precedents Rivera cites
are inapposite. One set of cases involves
constitutional
errors concerning the qualification of the jury or judge. In
Batson, for example, we held that the unlawful exclusion
of jurors based on race requires reversal because it “violates a
defendant’s right to equal protection,” “unconstitutionally
discriminate[s] against the excluded juror,” and “undermine[s]
public confidence in the fairness of our system of justice.” 476 U.
S., at 86, 87. Similarly, dismissal of a juror in violation of
Witherspoon v.
Illinois,
391 U. S. 510 (1968),[
Footnote 2] we have held, is constitutional
error that requires vacation of a death sentence. See
Gray
v.
Mississippi,
481 U. S. 648 (1987).
See also
Gomez v.
United States,
490 U. S. 858, 876
(1989) (“Among those basic fair trial rights that can never be
treated as harmless is a defendant’s right to an impartial
adjudicator, be it judge or jury.” (internal quotation marks
omitted)).
A second set of cases involves circumstances
in which federal judges or tribunals lacked statutory authority to
adjudicate the controversy. We have held the resulting judgment in
such cases invalid as a matter of federal law. See
, e.g.,
Nguyen v.
United States,
539 U. S. 69 (2003);
Wingo v.
Wedding,
418 U. S. 461 (1974).
Nothing in these decisions suggests that federal law renders
state-court judgments void whenever there is a state-law defect in
a tribunal’s composition. Absent a federal constitutional
violation, States retain the prerogative to decide whether such
errors deprive a tribunal of its lawful authority and thus require
automatic reversal. States are free to decide, as a matter of state
law, that a trial court’s mistaken denial of a peremptory challenge
is reversible error
per se. Or they may conclude, as the
Supreme Court of Illinois implicitly did here, that the improper
seating of a competent and unbiased juror does not convert the jury
into an ultra vires tribunal; therefore the error could rank as
harmless under state law.
In sum, Rivera received precisely what due
process required: a fair trial before an impartial and properly
instructed jury, which found him guilty of every element of the
charged offense.
* * *
For the reasons stated, the
judgment of the Supreme Court of Illinois is
Affirmed.
Footnote 1
See Dept. of Justice, Bureau of Justice
Statistics, State Court Organization 2004, pp. 228–232 (2006)
(Table 41), http://www.ojp.usdoj. gov/bjs/pub/pdf/sco04.pdf (as
visited Mar. 27, 2009, and available in Clerk of Court’s case file)
(detailing peremptory challenge rules by State).
Footnote 2
Under
Witherspoon v.
Illinois,
391 U. S. 510 (1968), “a sentence of
death cannot be carried out if the jury that imposed or recommended
it was chosen by excluding veniremen for cause simply because they
voiced general objections to the death penalty or expressed
conscientious or religious scruples against its infliction.”
Id., at 522.
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