People v. Ellison

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
People v. Ellison
Decision Date: 
Thursday, March 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
EPSTEIN
Extent to which additional circumstantial evidence of intent to deliver must be shown to support a conviction is to be decided on a case-by-case approach. Defendant's possession of an amount of cocaine and heroin consistent with personal use, and absence of drug paraphernalia commonly used for personal consumption, are not sufficient evidence of an intent to deliver. Officers could reasonably infer Defendant consented to a search by clear words "Let me show you what I've got" and gesture to his pants pocket. Court has broad discretion to determine nature and extent of standby counsel's involvement, and court properly refused to appoint standby counsel to litigate a motion as Defendant had prepared it.(LAVIN and PUCINSKI, concurring.)