“Rule 431(b) places the duty on the trial judge, not on the prosecutor or defense, to pose the specific questions set for in the rule to insure that the prospective jurors understand and accept the Zehr principles.” [See: People v Zehr, 103 Ill. 2d 472, 469 N.E.2d 1062 (1984)] Moreover, per the opinion of Justice Hall in People v Lyndell Graham, No. 1-08-0444 7/20/09, “it is the court’s responsibility to enforce the rules as written.” Thus substantial compliance is not good enough and a harmless error analysis is not warranted. New trial ordered. Read the opinion here.
