People v. Schneider

Defendant was convicted, after jury trial, of attempted unlawful clouding of title, based on a lien Defendant attempted to record, alleging that a bank owed him $400,00 for 2 properties he had lost in foreclosure proceedings more than 20 years earlier. Court's questioning of potential jurors did not substantially comply with requirements of Zehr case and Rule 431(b). None of the jurors were told that the Defendant is not required to testify, and none were asked whether they both understood and accepted principle that Defendant was presumed innocent. Evidence was not close enough that failure to comply with Rule 431(b) threatened to tip the scales of justice against Defendant. (OVERSTREET and WELCH, concurring.)