People v. Long

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
No. 4-08-0914
Decision Date: 
Thursday, February 4, 2010
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed as modified; remanded with directions.
Justice: 
TURNER
(Court opinion modified 3/23/10.) Court failed to comply with Rule 431(b) requirements for voir dire, as jurors were never asked whether they understood and agreed that a defendant is not required to offer evidence, and his failure to testify cannot be held against him; advising venire en masse of Zehr principles, and delivering IPI instructions 2.03 and 2.04 as to principles, was not sufficient, and thus error affected fundamental fairness of proceeding.