Is Failure to Give Correct Jury Instructions on the Presumption of Innocence a Reversible Error ?

In People v. Casillas, 195 Ill. 2d 461, 473, 749 N.E.2d 864, 255 Ill. Dec. 382 (2000) the trial court failed to give the jury the standard written instruction on the presumption of innocence. On review, the Illinois Supreme Court examined all the trial court's statements to the jury, including those made during voir dire and at trial. In that case, the trial court asked questions about the presumption of innocence and the State's burden of proof during voir dire and reminded the jury of those principles several times over the course of the trial. Both sides addressed the burden of proof in their closing arguments, and the supreme court found the evidence against the defendant was overwhelming. Casillas, 195 Ill. 2d at 478. Based on those facts, the supreme court found the trial court's failure to give the appropriate written jury instruction was a harmless error. Casillas, 195 Ill. 2d at 479; See also Layhew, 139 Ill. 2d at 491-92 (lack of proper instruction was harmless error even though the evidence against the defendant was not overwhelming); Cf. People v. Davis, 313 Ill. App. 3d 585, 590, 730 N.E.2d 518, 246 Ill. Dec. 493 (2000) (lack of proper instruction was reversible error where trial court did not address the presumption of innocence during voir dire and the evidence against the defendant was not overwhelming).