(Court opinion corrected 8/28/17.) Defendant was charged with aggravated battery to a police officer. After bench trial, Defendant was acquitted of that offense, but found guilty of resisting a police officer as a lesser-included offense.After new evidence was discovered, court vacated conviction and ordered a new trial on the resisting charge only. Defendant was, after jury trial, again convicted of resisting a police officer. There was no violation of Defendant's right to be free from double jeopardy and resolution of issues in 2nd trial was not precluded by collateral estoppel. Court did not err when it denied Defendant's motion to quash arrest. Defendant should have been recharged, and he was denied a fair trial because court refused to give a jury instruction on use of excessive force, which invokes right of self-defense, as it was amply supported by evidence. (HARRIS and MIKVA, concurring.)
Illinois Appellate Court
Criminal Court
Self-Defense