People v. Boston

Defendant was convicted, after jury trial, of 1st degree murder.  Any error in prosecutor's statements during closing argument was not so serious that it affected fairness of trial. Jury sent note, during deliberations, stating, "Can self-defense be a mitigating factor? (Definition of mitigating factor is unclear on sheet)."  Court responded, after concurring with counsel, that jurors heard the evidence and have the instructions of law and were to continue to deliberate.Jury instructions included IPIs on 1st degree murder, 2nd degree murder, definition of a mitigating factor, and the use of force in self-defense.  Court did not abuse its discretion by determining that any additional "clarification" could confuse or sway jurors. Record was corrected, based on court reporter's recollection and notes and judge's recollection, to reflect that one juror answered "yes" during jury polling, rendering moot Defendant's claim that verdict was not unanimous. (GORDON, specially concurring; LAMPKIN, dissenting.)