People v. Lewis

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2015 IL App (1st) 130171
Decision Date: 
Tuesday, May 12, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
PIERCE
Defendant was convicted, after jury trial, of armed robbery and unlawful vehicular invasion. Jury instructions properly identified standard of reasonable doubt, and cured any possible error in court's comments prior to instructions.Extradition proceedings were procedural, aimed at transferring Defendant to Illinois pursuant to arrest warrant, and thus there was no judicial involvement in adversary proceedings against him, and no sixth amendment right to counsel yet attached. Court properly denied defendant's motion to suppress identification, and no plain error. Defense counsel's analogy, in closing argument, comparing reasonable doubt standard to a football game fell below objective standard of reasonableness, but Defendant suffered no prejudice as jury instructions after closing arguments cured any potential confusion as to reasonable doubt.(SIMON and LIU, concurring.)