People v. Sebby

This case presents question as to whether under plain-error standard defendant is entitled to new trial on charge of resisting police officer, where trial court failed to properly ask prospective jurors if they understood and accepted four Zehr principles regarding presumption of innocence as required under Rule 431(b). While both parties agreed that trial court’s question to potential jurors as to whether they had any “problem” with Zehr principles of law failed to comply with Rule 431(b), Appellate Court found that evidence at trial was not so closely balanced so as to warrant reversal under first prong of plain-error doctrine. In his petition for leave to appeal, defendant argued that reversal of his conviction was required because of Rule 431(b) violation, where his guilt depended on credibility determination of witnesses, and where review of record indicated that either version of events was plausible. (Dissent filed.)