Defendant was found guilty of two counts of first-degree murder; however, the jury found in response to a special interrogatory submitted for sentence enhancement purposes that the defendant did not discharge the firearm that proximately caused the deaths of the two victims. Defendant appealed arguing that the jury verdicts were inconsistent. Defendant also argued that the trial court did not properly answer questions tendered by the jury during deliberations, did not properly admonish the jury pursuant to Supreme Court Rule 431(b), and that the trial court erred by admitting a recorded phone call under the tacit admission rule. The appellate court reversed and remanded for a new trial finding that the trial court’s failure to answer a jury question regarding a question of law necessitated reversal and remand for a new trial. (REYES and LAMPKIN, concurring)
Illinois Appellate Court
Criminal Court
Jury Instructions
Evidence