Other criminal law issues raised in newly granted cases test the proof required to show an enterprise under the RICO anti-racketeering law – an issue that arises in civil as well as criminal cases under RICO (Boyle v. U.S., 07-1309), the validity of using a damaging statement by a suspect to challenge the testimony he gives on the stand, if he had not waived his lawyer when he made the statement to police (Kansas v. Ventris, 07-1356), and the obligation of a suspect who has a court-appointed lawyer to take further action to prevent police from questioning him without his lawyer on hand (Montejo v. California, 07-1529).

The final criminal case added by the Court is Rivera v. Illinois (07-9995), contending that a conviction cannot stand if the defense counsel sought to exclude a juror by making a peremptory challenge, but the juror was seated anyway. The appeal noted a split among the Circuit Courts on whether the conviction should be overturned automatically, or whether the error of wrongly seating the juror can be excused as “harmless.