People v Oliver

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2013 IL App (1st) 120793
Decision Date: 
Tuesday, December 24, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HARRIS
(Court opinion corrected 2/7/14.) Defendant was convicted for 1989 criminal sexual assault and armed robbery. Improper use of the word “or” between listed factors in IPI Criminal 3.15 which occurred prior to 11/26/01 may not be raised in post-conviction petitions. Evidence was not closely balanced, based on victim’s close view of Defendant and her identification of his scar and eyeglasses, and that she had known him for many years; any error in giving instruction was harmless. (QUINN and PIERCE, concurring.)