People v. Mitchell

The defendant, Marshall Mitchell III, appeals from his conviction and sentence for the offense of burglary (Ill. Rev. Stat. 19779, ch. 38, par. 19 — 1(a)). His first contention on appeal is that his conviction must be reversed and the cause remanded to the trial court because the trial judge abused his discretion by denying a defense motion to reopen voir dire as to one of the jurors.

We agree.

During voir dire, juror Thomas J. Maloney was asked by the court “have you ever been a victim of a crime?” to which he responded, “No, I haven’t.” After the first panel, of which Maloney was a member,…