People v. Encalado

Defendant asked court during voir dire to question venire about whether evidence that  he had engaged services of a prostitute would influence their judgment in any way. Court refused, and Defendant was found guilty on 3 counts of aggravated criminal sexual assault. Appellate court reversed and remanded for new trial. It was disputed whether victim and Defendant's previous sexual assault victim were prostitutes. Thus, Defendant's proposed question was a preliminary argument as to a disputed question of fact, a type of questioning generally not permitted during voir dire. Jury heard extensive testimony as to sexual conduct committed by Defendant, much of which given by Defendant himself. Refusing Defendant's proffered question as to prostitutiondid not  render voir dire proceeding fundamentally unfair. (KARMEIER, FREEMAN, THOMAS, KILBRIDER, GARMAN, and THEIS, concurring.)