Defendant appealed from his conviction for aggravated assault, arguing on appeal that the trial court abused its discretion when it refused his self-defense jury instruction and when it refused to provide substantive answers to the jury’s questions about the legality of defendant’s gun possession, and that the trial court committed reversible error when it failed to admonish defendant as to his right to testify in his own defense. The appellate court held that the trial court’s failure to instruct on self-defense warranted reversal and remand for a new trial. The appellate court also found that the trial court abused its discretion regarding its answers to the jury’s questions and that admonishment regarding the defendant’s right to testify is considered best practice. (MIKVA and ODEN JOHNSON, concurring)
Illinois Appellate Court
Criminal Court
Jury Instructions