People v. Bowens 

Illinois Appellate Court
Criminal Court
Jury Selection
Citation
Case Number: 
No. 4-09-0462
Decision Date: 
Wednesday, February 23, 2011
District: 
4th Dist.
Division/County: 
Livingston Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN
Defendant was convicted, after jury trial, of attempted first degree murder, aggravated batter, and aggravated domestic battery. At trial, Defendant admitted stabbing the victim, his girlfriend, 23 times in her chest, back, and arms, but denied that he intended to kill her. Court refused to excuse trial judge's husband from jury for cause, but defense counsel did not exercise his two peremptory challenges which then remained, and accepted him on panel. Had counsel later exhausted peremptory challenges, judge could have exercised discretion to grant request for additional peremptory challenge. Given overwhelming evidence of Defendant's intent to kill, court properly barred defense from referring, during closing arguments, to victim's alcohol consumption. Court did not "impose" sentence, but pronounced it, when it misstated 20 years as sentence, then recessed briefly due to outburst by spectator, then stated correction of sentence to 24 years. (MYERSCOUGH, concurring; POPE, dissenting.)