People v. Alexander 

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 3-07-0915
Decision Date: 
Tuesday, March 29, 2011
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
CARTER
Defendant was convicted, after jury trial, of first degree murder for stabbing death of victim. No plain error in court's failure to sua sponte instruct the jury under IPI Criminal 24-25.09X (on justified use of force when a defendant is not the initial aggressor), and defense counsel was not ineffective for failing to request that instruction. Determination of whether Defendant initially provoked the use of force was not an essential element of the charged crime or his claim of self-defense. Critical question of Defendant's self-defense claim was whether his use of force, which was his stabbing of victim three times, was reasonable in the circumstances. Court erred in failing to question venire about their understanding and acceptance of Zehr principles, but trial was not thereby rendered fundamentally unfair. (SCHMIDT, concurring; McDADE, specially concurring.)