Criminal Law

People v. Clemons

People v. Clemons
Illinois Supreme Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL 107821
Decision Date: 
Thursday, April 19, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Appellate court affirmed.
Justice: 
THEIS
Court affirmed continuing validity of People v. Hauschild holding that penalty for armed robbery while armed with a firearm violates the proportionate penalties clause of the Illinois Constitution. Court declined to abandon "identical elements test" as part of proportionate penalties clause jurisprudence. As Defendant was convicted, in 2006, of armed robbery, he must be sentenced pursuant to armed robbery statute as it existed prior to adoption of enhanced sentencing provisions. (FREEMAN, THOMAS, GARMAN, KARMEIER, and BURKE, concurring.)

People v. Kirkpatrick

People v. Kirkpatrick
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (2d) 100898
Decision Date: 
Tuesday, April 17, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
Defendant was convicted, after jury trial, of two counts of threatening a public official. Court properly entered second-stage dismissal of postconviction petition claiming ineffective assistance of counsel. Record does not establish that counsel was unfamiliar with requirements of Post-Conviction Hearing Act. Any deficiencies in counsel's filing were harmless in light of substance of counsel's certificate and representations to trial court. Court sufficiently inquired as to Defendant's wishes for representation, and no per se conflict existed when trial counsel represented Defendant during postconviction proceedings. (McLAREN and BIRKETT, concurring.)

People v. Johnson

People v. Johnson
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 2-08-0839
Decision Date: 
Friday, May 21, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed in part, vacated in part; remanded.
Justice: 
BOWMAN
(Court opinion corrected 4/20/12.) Defendant, convicted of aggravated kidnapping and aggravated criminal sexual assault, was arguably denied effective assistance of counsel when his assistant public defender was allowed to withdraw and had failed to obtain fingerprint report which could lend support to his defense, as fingerprints taken from victim's car did not match Defendant's fingerprints. Counsel's performance arguably fell below objective standard, as record prior to his appointment contained references to fingerprint report, and Defendant was arguably prejudiced as report was not cumulative. (ZENOFF and SCHOSTOK, concurring.)

People v. Dominguez

People v. Dominguez
Illinois Supreme Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2012 IL 111336
Decision Date: 
Thursday, April 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court and appellate court affirmed.
Justice: 
GARMAN
Defendant, who was Spanish-speaking, pled guilty to predatory criminal sexual assault of a child. Appellate court dismissed appeal due to failure to file postplea motions. Defendant appealed to Supreme Court, claiming inadequate postplea admonishments. Circuit court substantially complied with Rule 605(c). Record failed to reflect that form Defendant signed, a nearly verbatim recitation of Rule 605(c), was read by interpreter or translated, but Defendant told court that he understood the form, and interpreter was present during his plea. Although Rule 605(c) is mandatory requirement of admonishment, Rule provides that a Defendant must be substantially advised of Rule, sufficiently to impart essence or substance of Rule, and entire contents of Rule need not be read verbatim. (THOMAS, KARMEIER, and THEIS, concurring; BURKE, KILBRIDE, and FREEMAN, dissenting.)

People v. Hunt

People v. Hunt
Illinois Supreme Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2012 IL 111089
Decision Date: 
Thursday, April 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; remanded.
Justice: 
KARMEIER
Defendant, while in Cook County Jail on unrelated matter, was charged with murder in shooting death. Defendant's statements to an inmate-informer were not "custodial interrogation", and thus police were not required to give Miranda warnings, and thus Defendant had no right to counsel during overhears. Police were not required to tell Defendant that attorney in the other matter was seeking access to him during first overhear. (KILBRIDE, THOMAS, GARMAN, BURKE, and THEIS, concurring.)

People v. Edwards

People v. Edwards
Illinois Supreme Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2012 IL 111711
Decision Date: 
Thursday, April 19, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Circuit court and appellate court affirmed.
Justice: 
FREEMAN
Defendant, age 15 at time of incident, was convicted of first degree murder on accountability theory. Defendant filed third and fouth successive postconviction petitions, claiming actual innocence based on newly discovery evidence. Affidavits of two persons who stated that Defendant was at their home at time of incident was not "new" as Defendant had always known about it, and no explanation as to why witnesses had not been subpoenaed. Affidavit of co-defendant that Defendant had nothing to do with shooting did not state he was not present, did not exonerate him, given his conviction on accountability theory. Thus, Defendant did not make colorable claim of actual innocence, as his documentation is insufficient for further proceedings. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)

People v. Brown

People v. Brown
Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2012 IL App (1st) 091940
Decision Date: 
Monday, April 16, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Defendant, age 19 at time of incident, was convicted, after jury trial, on accountability theory of two counts of first degree murder, and sentenced to mandatory natural life in prison without possibility of parole. Educational psychology/special education expert testified that Defendant's IQ was in range of persons with mental retardation, and that Miranda warnings were given at level higher than Defendant's level of understanding, per test results. Videotape showed that Defendant knowingly and intelligently waived his Miranda rights prior to giving videotaped statement. Sentence is not unconstitutionally disproportionate; statutorily mandated sentencing practice of these circumstances is not unconstitutional. (HOFFMAN and KARNEZIS, concurring.)

People v. Coots

People v. Coots
Illinois Appellate Court
Criminal Court
Jury Deliberations
Citation
Case Number: 
2012 IL App (2d) 100592
Decision Date: 
Monday, April 16, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK
Defendant was convicted, after jury trial, of drug-induced homicide based on death of victim from heroin. Evidence showed that Defendant and decedent both participated actively in procuring heroin. Counsel's failure to submit proposed supplemental jury instruction on meaning of "delivery" was objectively unreasonable and prejudiced Defendant, given closeness of evidence. Court should have answered directly jury's question, during deliberations, whether it could reasonably interpret "delivery" to mean "give." Question indicated jury's confusion on a question of law, which created danger that jury would convict Defendant based on facts legally insufficient to establish delivery under statute. (BURKE, concurring; McLAREN, specially concurring.)

People v. Gacho

People v. Gacho
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (1st) 091675
Decision Date: 
Monday, April 16, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded; dismissal affirmed.
Justice: 
HOFFMAN
Court made second-stage dismissal of Defendant's postconviction petition. Trial judge had been shown to have accepted bribes to fix murder cases, and nexus between judge's corruption and Defendant's case is very strong. Judge's interest in attempting to steer Defendant's verdict deprived Defendant of basic right to trial before impartial tribunal. Defendant is barred from raising ineffective assistance of counsel claim which he could have raised in his direct appeal. Court erred in dismissing claim of his counsel's conflict of interest in having concurrently represented family member of victim and discussed aspects of his representation of Defendant with family. Defendant's allegations of conflict in his counsel's divided loyalty were substantial showing of constitutional violation and warrant evidentiary hearing. (KARNEZIS and ROCHFORD, concurring.)

U.S. v. Fleming

Federal 7th Circuit Court
U.S. v. Fleming
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-1404
Decision Date: 
April 17, 2012
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Affirmed
In habeas proceeding in which defendant challenged on grounds of ineffective assistance of counsel his conviction on drug and firearm charges, as well as his life sentence, Dist. Ct. did not err in setting aside defendant's life sentence after state admitted to filing late section 851 notice and re-sentencing defendant to 480-month term of incarceration based in part on testimony as to relevant conduct by individual who had purchased drugs from defendant over two-year period. Ct. also rejected defendant's attempt to appeal his conviction where defendant had failed to obtain certificate of appealability from Dist. Ct.'s order denying said challenge, and where defendant had failed to establish that basis for said challenge constituted fundamental miscarriage of justice, even though defendant argued that Dist. Ct. gave improper instruction allowing jury to aggregate quantities of drugs possessed by defendant to reach 50-gram threshold, even though record did not show that defendant possessed said quantity at any one time.