People v. Johnson

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2013 IL App (2d) 110535
Decision Date: 
Friday, May 31, 2013
District: 
2d Dist.
Division/County: 
Kendall Co.
Holding: 
Reversed and remanded with directions.
Justice: 
BURKE
Defendant was convicted, after jury trial, of unlawful possession of a weapon by a felon and misdemeanor domestic battery. Defense counsel was ineffective in agreeing to join weapons charges with domestic battery charge, as there was no sound defense strategy to do so, without a precise limiting instruction to make purposes of evidence clear. Court incorrectly instructed jury, in failing to tailor IPI 3.14 based on evidence presented. Cumulative effect of errors deprived Defendant of a fair trial, and errors were intertwined such that prejudice to Defendant was amplified. Defendant should then receive new, separate trials, with precise jury instructions. (JORGENSEN and HUDSON, concurring.)