People v. Davis 

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
No. 1-08-2895
Decision Date: 
Friday, November 12, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Defendant was convicted of violating the armed habitual criminal statute after jury trial. No plain error in court combining two Zehr principles during voir dire, as court's questions were sufficiently broad so that if any juror had indicated any concern, it would have revealed a lack of understanding or acceptance of a defendant's right not to testify, and as Defendant failed to show that jury was not fair and impartial. Armed habitual criminal statute is not unconstitutional. Because certain prior felony convictions are elements of the offense, a bifurcated trial was unnecessary. (O'BRIEN and FROSSARD, concurring.)