Jury selection

Juries must be selected in substantial compliance with the law, and any material deviation or departure is a denial of fundamental constitutional rights.  Tribby v. Northwestern Bank, 217 Mont. 196, 206, 704 P.2d 409 (1985).  A jury selection process that undermines the fair cross-section guarantee is structural error, not trial error, and cannot be considered harmless.  State v. LaMere, 2000 MT 45, ¶ 42, 298 Mont. 358, 2 P.3d 204.  The denial of a motion to strike the jury panel is a conclusion of law reviewed for correctness.  LaMere, ¶ 13.