People v. SebbyAnnotate this Case
Sebby was involved in a confrontation with deputies who had come to his home to take custody of Sebby’s niece. Sebby was convicted by a jury of resisting a peace officer, a Class 4 felony, 720 ILCS 5/31-1(a-7), and sentenced to two years’ imprisonment. On appeal, the defendant argued that the trial court committed erred in admonishing prospective jurors under Illinois Supreme Court Rule 431(b), which concerns the defendant’s presumption of innocence and the state’s burden of proof, and that, despite his failure to object to that error, he was entitled to a new trial because the evidence was closely balanced. The appellate court affirmed. The Illinois Supreme Court reversed, concluding that the evidence was closely balanced. The deputies’ testimony was largely consistent, but so was the testimony of Sebby and his witnesses. Neither account of that morning’s events was fanciful. Prejudice rests not upon the seriousness of the error but upon the closeness of the evidence.