People v. Mohr

Justices Freeman, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

Chief Justice Thomas dissented, with opinion.

OPINION

Following a jury trial in the circuit court of Rock Island County, defendant Kenneth Mohr was convicted of second degree murder and sentenced to 20 years’ imprisonment. See 720 ILCS 5/9 — 2(a)(1) (West 2004). A divided appellate court reversed and remanded. No. 3 — 04—0816 (unpublished order under Supreme Court Rule 23). The central issue in this case is whether the trial court erred in instructing the jury on provocation in a case where the…