People v. Hopp, 209 Ill. 2d 1

Summary

The Illinois Supreme Court held that the trial court erred by failing to sua sponte give the required pattern instruction defining first degree murder in a prosecution for conspiracy to commit first degree murder. However, the omission did not constitute plain error because the record did not show a significant likelihood that the jury misunderstood the requirement that the defendant intend that the victim be killed. The court reversed the appellate court and affirmed the defendant’s conviction.

Holdings

1. A conviction for conspiracy to commit first degree murder requires proof that the defendant intended that the victim be killed; jury instructions for that offense must make the intent-to-kill requirement clear.
2. The omission was error, but it was not plain error because Hopp failed to show that the omission severely threatened the fundamental fairness of her trial.

Questions Presented

1. Whether the trial court's failure to give sua sponte an Illinois Pattern Jury Instruction defining first degree murder in a prosecution for conspiracy to commit first degree murder was plain error under Illinois Supreme Court Rule 451(c).
2. Whether conspiracy to commit first degree murder requires proof that the defendant intended that the victim be killed.
3. Whether the omitted instruction created a severe threat to the fundamental fairness of Hopp's trial.

Disposition

reversed