People v. Vesey 

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
2011 IL App (3d) 090570
Decision Date: 
Tuesday, September 27, 2011
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
HOLDRIDGE
Defendant was convicted, after jury trial, of possession of controlled substance. Court erred in failure to comply with Rule 431(b) in voir dire. Some jurors were not asked about some of the Rule 431(b) principles, and no jurors were asked whether they understood and accepted that Defendant's refusal to testify could not be held against her. Four jurors were not asked if they accepted presumption of innocence or State's burden of proof. Evidence was closely balanced, and key was Defendant's word against officer's word, as to whether package of cocaine found on floor had been in Defendant's clothesThus, court's error was automatically prejudicial. (CARTER and O'BRIEN, concurring.)