People v. Wheeler

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 3-08-0208
Decision Date: 
Wednesday, May 12, 2010
District: 
3rd Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
SCHMIDT
(Court opinion corrected 5/27/10.) Defendant, who was convicted of first-degree murder, was denied right to fair trial because defense counsel failed to tender accomplice-witness instruction, as such instruction goes far beyond jury instruction relating to general credibility of witnesses. Had accomplice-witness instruction been given, jury would have been compelled to examine accomplice's testimony, which was key to State's case, with close scrutiny.