People v. Manning

Manning’s second trial for first-degree murder established that the victim was a highly-intoxicated unwelcome visitor at a residence occupied by Manning and others. A fight ensued between the victim and four residents, including Manning. The victim was stabbed and died. Only Manning was armed. The court instructed the jury on self-defense and on second-degree murder, based on statutory mitigating factors: an unreasonable belief in the need for self-defense and provocation, with mutual combat being the requisite provocation, 720 ILCS 5/9-2(a) The jury asked: For approving mitigating factors to reduce charge to second-degree murder, if vote on mitigating factor is not unanimous, does it revert to first-degree murder? The court responded: Your verdict must be unanimous ... continue your deliberations. The jury found Manning guilty of first-degree murder. The court denied Manning’s request to poll the jury on the issue of mitigating factors. The Illinois Supreme Court upheld the conviction. A defendant’s failure to sustain his burden of convincing all 12 jurors that a mitigating factor exists does not nullify the jurors’ unanimous finding that the state has proven first-degree murder beyond a reasonable doubt. The response to the jury’s question was correct when considered with instructions the jurors had received that it may not consider whether the defendant has met his burden of proof with regard to second-degree murder until it has first determined that the state has proven beyond a reasonable doubt each element of first-degree murder.The statute places no burden on the state to disprove mitigating factors. View "People v. Manning" on Justia Law