People v. Wilmington
2013 IL 112938
| Ill. | 2013Background
- Wilmington was convicted of first degree murder and concealment of a homicidal death after a jury trial in Cook County.
- He challenged (a) whether he consented to a defense request for a second degree murder instruction and (b) whether voir dire complied with Rule 431(b).
- The body of Guan McWilliams was found; evidence included a shooting to the head and distribution of the body in a garbage can.
- Defendant gave a voluntary confession and later provided details linking the crime; police obtained a search of his residence with changed room conditions corroborating his statement.
- Defense sought to undermine the confession with expert testimony on seizures and mental retardation; the State offered rebuttal evidence and challenged malingering.
- The trial court ultimately instructed on second degree murder, and the appellate court remanded after Rule 431(b) issues; this Court affirmed in part and reversed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 431(b) compliance | Wilmington's rights were violated due to incomplete voir dire | Court failed to ask about understanding/acceptance of all Rule 431(b) principles | Rule 431(b) violated; error but not reversible per se under plain error |
| Consent to second degree instruction | Defendant effectively consented to the instruction via defense strategy | Court failed to ascertain defendant’s consent and understanding of consequences | Trial court did not err in regard to consent inquiry; instruction permissible |
| Plain-error standard application | 431(b) violation affected fairness; first prong applies | No reversible plain error because evidence not closely balanced or biased | Plain error not satisfied under either prong; no reversal on this basis |
| Nature of second-degree instruction | Second-degree instruction is a valid lesser-mitigated option | Second-degree is treated as lesser-included for this purpose; improper justification | Second-degree instruction not a true lesser-included; permitted as mitigated option given strategy |
Key Cases Cited
- People v. Thompson, 238 Ill. 2d 598 (Ill. 2d 2010) (clarified plain-error analysis for Rule 431(b) omissions)
- People v. Brocksmith, 162 Ill. 2d 224 (Ill. 2d 1994) (right to decide on lesser-included offense tender)
- Medina v. People, 221 Ill. 2d 394 (Ill. 2d 2006) (procedural safeguards when tendering lesser-included instruction)
- People v. Ramey, 152 Ill. 2d 41 (Ill. 2d 1992) (enumerated defendant rights prior to trial and appeal)
- People v. Jeffries, 164 Ill. 2d 104 (Ill. 2d 1995) (relationship of lesser-mitigated offense to first-degree murder)
- People v. Burnett, 237 Ill. 2d 381 (Ill. 2d 2010) (affirming appellate reasoning on Rule 431(b) error)
- Richardson v. Marsh, 481 U.S. 200 (U.S. 1987) (presumption jurors follow the trial court's instructions)