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WHITE v. GAETZ

No. 08-2766.

588 F.3d 1135 (2009)

Jeffrey WHITE, Petitioner-Appellant, v. Donald GAETZ, Acting Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 2009.

Attorney(s) appearing for the Case

Jacob R. Loshin, Attorney, Winston & Strawn LLP, Washington, DC, for Petitioner-Appellant.

Garson S. Fischer, Attorney, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before EVANS and SYKES, Circuit Judges, and SIMON, District Judge.

SIMON, District Judge.

When a trial judge looks out over the courtroom and sees no one sitting there, it presents a practical problem when he or she is trying to complete jury selection. Illinois deals with this problem with a "bystander" venire statute which authorizes the judge to order the local sheriff to round up people and bring them to court so that jury selection can be completed. This process was used to select the final juror in the trial of Jeffrey White...

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