People v. Richardson

Illinois Appellate Court
Criminal Court
Jury Selection
Citation
Case Number: 
2013 IL App (1st) 111788
Decision Date: 
Wednesday, November 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
NEVILLE
Defendant was convicted, after jury trial, of aggravated battery of a child. Court erred in failing to ask venire, per Rule 431(b), if they understood that Defendant had no burden of proving her innocence, and that her failure to testify should not be held against her. Court improperly restricted cross-examination of State's witnesses about available methods of taking a statement from Defendant, as part of relevant circumstances of Defendant's statement which State put in evidence. (PUCINSKI, concurring; MASON, dissenting.)