People v. Russell 

Illinois Appellate Court
Civil Court
Voir Dire
Citation
Case Number: 
No. 3-08-0051
Decision Date: 
Monday, March 14, 2011
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
Defendant was convicted, after jury trial, of first degree murder. Given witnesses' testimony as to prior observations of Defendant and victim in altercations and hearing Defendant's statements to victim, and two independent, non-related eyewitnesses placing Defendant at scene of crime, jury could reasonably find beyond a reasonable doubt that Defendant killed victim. Court erred in failing to question each juror individually as to principles of Rule 431(b), but no plain error as evidence was not closely balanced. Errors did not cause trial to be fundamentally unfair, as each principle was touched upon in voir dire by court or by prosecutor . As each (O'BRIEN, concurring; HOLDRIDGE, joined by O'BRIEN, specially concurring.)