People v. Downs

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Defendant was charged with first degree murder. After the presentation of the evidence, the circuit court instructed the jurors. The term “reasonable doubt” appeared in three instructions: “The defendant is presumed to be innocent of the charges against him. This presumption remains with him throughout every stage of the trial and during your deliberations on the verdict. It is not overcome unless from all the evidence in this case you are convinced beyond a reasonable doubt that he is guilty.” “The State has the burden of proving the guilt of the defendant beyond a reasonable doubt, and this burden remains on the State throughout the case. The defendant is not required to prove his innocence.” The third instruction sets forth specific propositions that the state must prove to sustain the charge of first degree murder: “If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty. If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.” During deliberations, the jury sent a note asking for a definition of “reasonable doubt.” The court’s written reply stated: “We cannot give you a definition it is your duty to define.” The jury found defendant guilty. Following post-trial proceedings, the court sentenced defendant to 70 years’ imprisonment. The appellate court vacated defendant’s conviction and remanded for a new trial. The Illinois Supreme Court reversed and reinstated defendant’s conviction. Defendant failed to show that a clear or obvious error occurred, so his procedural default of the reasonable doubt claim must be honored. View "People v. Downs" on Justia Law