Illinois Appellate Court
Criminal Court
Voir Dire
(Court opinion corrected 5/18/15.) Defendant was convicted, after jury trial, of resisting a peace officer. Court's question to potential jurors whether they had any "problems" with the Zehr principles of law failed to sufficiently comply with Rule 431(b), and constituted clear error. Evidence was not so closely balanced that court's error warrants reversal under plain-error doctrine. Prosecutor's statement, "There are no statements made by any defense witnesses to any law enforcement about what happened that day.", is within bounds of acceptable argument, and was not a comment on Defendant's postarrest silence. (HOLDRIDGE, specially concurring; O'BRIEN, dissenting.)