Illinois Appellate Court
Criminal Court
Jury Deliberations
Defendant was convicted of second degree murder and aggravated battery with a firearm. He argued on appeal that his convictions should be reversed and the cause remanded for a new trial after the trial court failed to grant defendant’s motion for a mistrial after learning that the jury improperly had possession of the State’s closing argument presentation during deliberations. The appellate court reversed and remanded, finding that the inclusion of the State’s presentation, which included the prosecutor's notes, was improper and prejudicial as it was “comparable” to the prosecutor being in the jury room during deliberations. (McLAREN and SCHOSTOK, concurring)