Incomplete Admonition Regarding Defendant's Right Not to Testify Denied a Fair Trial
In Wilmington, the omitted admonition involved the defendant's right not to testify, and the defendant in that case did not testify.
The Court concluded in Wilmington that given those facts, the incomplete admonition regarding the defendant's right not to testify was so serious as to deny the defendant a fair trial under the second prong of plain error. Wilmington, 394 Ill. App. 3d at 575, 915 N.E.2d at 888.
In People v. Wilmington, 394 Ill. App. 3d 567, 915 N.E.2d 882, 333 Ill. Dec. 811 (2009), although the first prong of plain error did not apply because the evidence was not closely balanced, the court held that the second prong of plain error was satisfied where the trial court neglected to ask the venire about one of the four principles.