People v. Willis 

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
No. 1-08-2609
Decision Date: 
Friday, May 13, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed; mittimus modified.
Justice: 
FITZGERALD SMITH
(Court opinion modified per supervisory order 1/26/11.) Court did not re-admonish second jury panel of Zehr principles, and did not admonish venire that Defendant's failure to testify could not be held against him, nor ask whether they understood and accepted that principle. Evidence was not closely balanced, and because Defendant testified, he cannot argue prejudice as to court not informing jury that if he did not present evidence or did not testify that it could not be held against him, thus no plain error. State's comments that Defendant sets up shop to sell drugs next to an elementary school, and that he is a drug dealer, and that this is not CSI, not improper suggestion of past and future illegal conduct, but reasonable inference given that Defendant was next to a school when selling drugs to undercover officer. Comment as to CSI was invited by defense counsel's questions as to why State's expert did not obtain fingerprint evidence. (J. GORDON, concurring; HOWSE, concurring in part and dissenting in part.)