People v. Vesey
957 N.E.2d 1253
Ill. App. Ct.2011Background
- On December 23–24, 2008 Vesey was stopped for suspended license plates; she admitted her license was suspended and was arrested.
- A jail-croom search incident led correctional officer Haun to discover a bag containing a white substance and a straw; Vesey claimed the bag was not hers.
- Haun testified the bag appeared to have fallen from Vesey’s bra; the bag was given to another officer and tested positive for cocaine.
- During voir dire, the court questioned jurors in groups; some principles of Rule 431(b) were not addressed with every juror individually.
- After trial Vesey was convicted of unlawful possession of a controlled substance and sentenced to 24 months probation; she appeals alleging Rule 431(b) noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 431(b) noncompliance | People argues Rule 431(b) was not properly applied to all jurors. | Vesey contends the error was plain and prejudicial under plain-error review. | Remand for a new trial; Rule 431(b) noncompliance prejudicial under plain error. |
| Close balance of evidence | People asserts evidence was not closely balanced. | Vesey contends the evidence was closely balanced and the error thus prejudicial. | Evidence was closely balanced; error prejudicial under plain-error standard. |
Key Cases Cited
- People v. Herron, 215 Ill.2d 167 (2005) (plain-error prejudice standard; closely balanced evidence)
- People v. White, 2011 IL 109689 (2011) (modifies plain-error framework for closely balanced evidence)
- People v. Thompson, 238 Ill.2d 598 (2010) (Rule 431(b) noncompliance analysis)
- People v. Piatkowski, 225 Ill.2d 551 (2007) (closely balanced evidence standard in plain-error analysis)
- People v. Belknap, 396 Ill.App.3d 183 (2009) (no de minimis exception to first prong of plain-error test)