People v. Jones

Defendant was convicted, after 2013 jury trial, of 3 counts of attempted murder and 3 counts of aggravated battery with a firearm, and sentenced to 3 concurrent terms of 23 years. State's repeated references to Defendant as a criminal in its opening statement were prejudicial and inaccurate, with no basis other than to inflame passions of jury. Thus, Defendant is entitled to a new trial. On retrial, Defendant should be permitted to argue and present evidence that he acted in self-defense or defense of property when he told another person to shoot. Retrial should take place before a different judge, as trial judge made sarcastic and biased comments about Defendant at sentencing.(HYMAN and NEVILLE, concurring.)