People v. Johnson 

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
No. 1-09-0879
Decision Date: 
Wednesday, November 24, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
TOOMIN
Defendant was convicted, after jury trial, of home invasion and armed robbery. Court did not err in rejecting Defendant's supplemental questions during voir dire regarding racial and ethnic bias as to whether potential jurors would be prejudiced against race and ethnicity of Defendant and an accomplice witness.The record contains few references to race, mostly coming from the defense in exaggerated racial innuendo during opening statement, including as to interracial marriage, thereby tainting the proceedings with an irrelevant issue, and the questions would have injected race into the trial. Court's voir dire was insufficient under Rule 431(b), as it failed to ascertain whether the venire understood and accepted each principle, and failed to mention the principle that the Defendant is not required to testify. However, evidence was not closely balanced, even given jury's note indicating impasse early in deliberations, and thus Defendant forfeited this issue as he made no objection during trial. (FITZGERALD SMITH and J. GORDON, concurring.)