People v. Wilmington, 956 N.E.2d 466

McWilliams was found shot to death, body later found in a garbage can near Wilmington's residence; autopsy showed two gunshot wounds to the head.
Wilmington voluntarily contacted police, providing information, including that a man named “Dollar” killed someone; Dollar eliminated as a suspect.
Wilmington gave a long statements to detectives, admitting involvement, discussing the sequence: gun was taken, shots fired, body moved, and garbage can disposal; he later claimed to have lied about Dollar.
Wilmington consented to a search of his apartment and showed the basement room where he claimed McWilliams had been shot; physical evidence largely did not corroborate all aspects of his account.
Defense presented expert testimony of mild mental retardation and seizure disorder; State offered rebuttal suggesting malingering; evidence of the crime remained largely corroborated by the medical examiner’s testimony.
Jury, after defense tendered second-degree murder instruction, returned guilty verdicts for first-degree murder and concealment; defendant sentenced to consecutive terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Rule 431(b) compliance	Wilmington argues voir dire violated Rule 431(b).	State contends error was waived or harmless.	Rule 431(b) not fully complied; error but not reversible.
Plain error and whether evidence was closely balanced	Evidence was closely balanced requiring reversal under prong one.	Evidence was not closely balanced; no reversal.	Evidence not closely balanced; prong one inapplicable.
Tender of lesser mitigated offense instruction	Failure to question defense counsel about tender and agreement affected fairness.	No prejudice; tender did not change result.	Error not reversible; did not render trial unfair.

People v. Zehr, 103 Ill. 2d 472 (1984) (four Zehr principles governing voir dire)
People v. Thompson, 238 Ill. 2d 598 (2010) (noncompliance with Rule 431(b) can be non-reversible; emphasis on whether bias exists)
People v. Medina, 221 Ill. 2d 394 (2006) (tender of lesser mitigated offense instruction considerations)
People v. Brocksmith, 162 Ill. 2d 224 (1994) (tender of lesser included offenses analogous to pleas; prejudice analysis)
People v. Parker, 223 Ill. 2d 494 (2006) (distinction between lesser mitigated and lesser included offenses)
People v. Jeffries, 164 Ill. 2d 104 (1995) (mitigated offense framework in Illinois)
People v. Sims, Nil (2000) (plain error context and procedures (court's evaluation of error))
People v. Herron, 215 Ill. 2d 167 (2005) (plain error framework for non-preserved claims)
People v. Suarez, 224 Ill. 2d 37 (2007) (standard for reviewing evidentiary claims and Rule 431(b) interpretations)