People v. Jackson

Illinois Appellate Court
Criminal Court
Verdicts
Citation
Case Number: 
2021 IL App (1st) 180672
Decision Date: 
Monday, March 22, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
HYMAN

Defendant was tried by jury for 1st degree murder of one victim and attempted armed robbery of another victim. After jury returned its signed verdict forms of guilty, defense counsel asked the trial court to poll the jury. Eleven of the jurors were polled and answered "yes", that this was and is their verdict. The twelfth juror was not polled, but trial court dismissed the jury. Leaving out of the poll of the jury even one juror calls into question the integrity of the judicial process and is 2nd-prong plain error. Reversed and remanded for new trial. (WALKER, concurring; COGHLAN, dissenting.)