People v. Cain

Defendant was convicted, after jury trial, of murder and concealment of a homicidal death. State failed to overcome the presumption of inadmissibility for Defendant's unrecorded statements to police. Court violated Rule 431(b) in failing to question the venire about their understanding and acceptance of the principle that they must not hold against Defendant his decision not to testify. Medical examiner could not establish cause of death with medical certainty, and thus evidence was closely balanced on issue of whether State proved a criminal agency caused the death. (HYMAN and PIERCE, concurring.)