Supreme Court of Illinois

Convictions for murder and attempted murder are reversed and remanded for a new trial where: 1) in reciting the jury instruction to consider five prescribed factors in evaluating the identification testimony, the trial court used the disjunctive "or," which can imply to the jury that it should consider only one factor; and 2) defendant met his burden of showing that the evidence was closely balanced.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Mary Ellen Dienes, Des Plaines, for appellant., Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Michael M. Glick, Assistant Attorney General, Chicago, James E. Fitzgerald, Veronica Calderon Malavia and Tasha-Marie Kelly, Assistant State's Attorneys, of counsel), for the People.