People v. Marshall

Illinois Appellate Court
Criminal Court
Fair Trial
Citation
Case Number: 
2013 IL App (5th) 110430
Decision Date: 
Friday, September 13, 2013
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Reversed and remanded.
Justice: 
GOLDENHERSH
Defendant was denied a fair trial on first-degree murder charge, by State's racially based evidence and arguments, and State filed confession of error. Improper comments by prosecutor was a consistent theme in presentation of State's theory of case, urging jurors to remember how "black community" felt about law enforcement and about "culture of the black community" contrasted with "our white world." Errors were so substantial that Defendant was denied right to fair trial. (CHAPMAN and WEXSTTEN, concurring.)