Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was found guilty of domestic battery and sentenced to 12 months of conditional discharge. He appealed arguing his counsel was ineffective for failing to tender a defense-of-property instruction. The appellate court affirmed, finding that defendant had not established that his property was in immediate danger of unlawful trespass, being carried away, or other tortious or criminal interference. (HUTCHINSON and BRENNAN, concurring)