Illinois Appellate Court
Criminal Court
Voir Dire
Defendant was convicted, after jury trial, of DUI and failure to yield. In voir dire, court said, "You must follow the law as I give it to you even if you disagree with it", and asked each juror whether they would "follow the law even if you disagree with it". Court's violation of Rule 431(b), in failing to state in voir dire that the defendant's failure to testify cannot be held against him, was not a structural error, and Defendant does not argue that evidence was closely balanced; thus, no plain error. (LYTTON, concurring; McDADE, specially concurring.)