Illinois Appellate Court
Criminal Court
Jury Instructions
Closing Argument
(Court opinion of 5/6/10 withdrawn.) Defendant, convicted of attempted murder of a peace officer and aggravated battery of a peace officer, was denied right to fair trial when State improperly shifted burden of proof by repeatedly referring, during closing argument, to Defendant's failure to testify at trial. Jury should have been given instruction as to lesser-included-offense of reckless conduct, as evidence could rationally be used to support conviction of this lesser offense.