People v. Brown 

Illinois Appellate Court
Civil Court
Jury Instructions
Citation
Case Number: 
No. 4-09-0454
Decision Date: 
Tuesday, February 8, 2011
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed as modified; remanded with directions.
Justice: 
POPE
Defendant was convicted, after jury trial, of two counts of first degree murder for the deaths of two brothers and aggravated battery with a firearm in the shooting of another brother, but not guilty of aggravated battery with a firearm of another person. Witnesses testified that Defendant pushed victims out of his apartment, then they forced their way inside. Court was within its discretion in giving IPI 24-25.09, the initial-aggressor jury instruction, during deliberations in response to jury's question about legal justification for an initial aggressor's use of force. Court had duty to appropriately address jury's question which was directly answered by that instruction, and had instructed jury on self-defense and legal justification for nonaggressor's use of force. Jury was entitled to resolve conflicts in testimony and reject self-defense and defense of dwelling claims. (KNECHT and TURNER, concurring.)