People v. Gardner

SECOND DIVISION

May 11, 2004

No. 1-03-1619

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the) Circuit Court of

Plaintiff-Appellee, ) Cook County.)

v. ))

CLARENCE GARDNER, ) Honorable) Dennis J. Porter,

Defendant-Appellant. ) Judge Presiding.

PRESIDING JUSTICE WOLFSON delivered the opinion of the court:

Clarence Gardner contends the trial court's failure to ask or to allow his defense counsel to ask gang bias questions to prospective jurors deprived him of an impartial jury. To resolve the issue, we have to determine whether defense counsel actually requested gang bias questions, and, if not,…