People v. Eppinger

I believe that the trial court’s inquiry into the numerical division of the jury and subsequent communication improperly interfered with the jury deliberation process to the prejudice of the defendants. Accordingly, I respectfully dissent from the majority’s holding that the communication amounted to harmless error.

Plain error arises when the evidence is closely balanced or when the error is so fundamental that it denied the defendant a fair trial. People v. Bounds, 111 Ill. 2d 1, 662 N.E.2d 1168 (1995). A trial judge’s inquiry into the numerical division of a jury is improper. People v.…