PEOPLE v. GARDNER

No. 1-03-1619.

810 N.E.2d 180 (2004)

348 Ill.App.3d 479

284 Ill.Dec. 527

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Clarence GARDNER, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

May 11, 2004.


Attorney(s) appearing for the Case

Clark C. Johnson and Christina T. Tomaras, Jenner & Block, LLC, Chicago, for Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, and Annette Collins, of counsel), for Appellee.


Presiding Justice WOLFSON delivered the opinion of the court:

Clarence Gardner contends the trial court's failure to ask or to allow his defense counsel to ask gang bias questions to prospective jurors deprived him of an impartial jury. To resolve the issue, we have to determine whether defense counsel actually requested gang bias questions, and, if not, whether the trial court should have asked them anyway.

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