Martinez v. People

1 In this appeal, we review the court of appeals' opinion upholding the petitioner's conviction for first-degree murder after deliberation under a complicity theory. When the trial court defined the element of "after deliberation" for the jury, it used language that this court has held to be constitutionally deficient. At trial, defense counsel objected to the language on the grounds that it was cumulative and unnecessary but erroneously acknowledged that it correctly stated the law. The trial court overruled the objection, and the jury later found the defendant guilty as charged. On appeal…