Justia Illinois Supreme Court Opinion Summaries

Ligon, convicted of aggravated vehicular hijacking with a dangerous weapon, other than a firearm (AVH/DW), a Class X felony, under 720 ILCS 5/18-4(a)(3), (b), was adjudged to be an habitual criminal and sentenced to a term of mandatory life imprisonment under 720 ILCS 5/33B-1(a), (e). He filed a petition for relief from judgment under 735 ILCS 5/2-1401), contending that the sentence violated the proportionate penalties clause of the Illinois Constitution. The trial court dismissed defendant’s petition sua sponte. The appellate court reversed. The Illinois Supreme Court granted the state leave to appeal and reinstated the judgment of the circuit court, rejecting the proportional it claim because AVH/DW and armed violence while armed with a category III weapon (720 ILCS 5/33A-2(a), 33A-1(c)(3)). Ligon was properly convicted of AVH/DW while using a BB gun as a common-law dangerous weapon of the third type. It is irrelevant that the indictment used the term “bludgeon” instead of BB gun; the two are interchangeable under the statute. View "People v. Ligon" on Justia Law

Defendant was driving a van registered to a woman named Chattic in the city of Sterling. Sterling police officer Bland pulled the van over because there was a warrant out for Chattic’s arrest. Bland was unable to see the driver of the van until after he had pulled the vehicle over. Upon approaching, Bland saw defendant was a man and could not have been Chattic. Bland asked defendant for a driver’s license and proof of insurance before explaining the reason for the stop. Defendant responded that he did not have a driver’s license and Bland cited him for driving while his license was suspended. The Illinois Supreme Court affirmed suppression of the evidence, finding that Bland’s license request impermissibly prolonged the seizure of defendant and the van. The U.S. Supreme Court vacated and remanded. On remand, the Illinois Supreme Court reversed. The U.S. Supreme Court’s 2015 decision in Rodriguez makes clear that a driver’s license request of a lawfully stopped driver is permissible irrespective of whether that request directly relates to the purpose for the stop. As a result, Officer Bland’s request for defendant’s license did not violate the fourth amendment by prolonging the stop. View "People v. Cummings" on Justia Law

Tolbert, age 17, was charged with possessing an “uncased, loaded and immediately accessible” firearm, under 720 ILCS 5/24-1.6(a)(1), (a)(3)(A) and with possessing a handgun while under 21 years of age under 720 ILCS 5/24-1.6(a)(1)(a)(3)(I). Chicago police officers testified that they responded to a call about a “person with a gun” and found Tolbert and another man in the gated front yard. Others were outside the gate. The officers detained those individuals, searched, and recovered a loaded pistol from the house’s porch. According to the officers, Tolbert admitted to being its owner. He was transported to the police station where he was read his Miranda rights and again, according to officers, admitted to owning the pistol and placing it on the porch. The appellate court vacated his conviction under section 24-1.6(a)(1)(a)(3)(A) as unconstitutional. With respect to section 24-1.6(a)(1)(a)(3)(I), the court concluded that the charging instrument was fatally defective, citing statutory language that there is no criminal liability if the person is “on the land or in the legal dwelling of another person as an invitee with that person’s permission,” and holding that the state bore the burden of including the element in the charging instrument. The Illinois Supreme Court reversed, holding that the invitee requirement is an exemption that the defendant must raise and proof. View "People v. Tolbert" on Justia Law

A search warrant was served at a home belonging to Chambers’ mother. He was found inside, along with a large quantity of cocaine, cash, weapons, and ammunition. The Cook County circuit court denied his repeated requests for a Franks hearing. He was convicted of armed violence and unlawful possession of a controlled substance with intent to deliver and sentenced to consecutive terms of 25 and 45 years’ imprisonment. The appellate court held that the trial court should have conducted a Franks hearing and remanded for determination of whether the search warrant was properly issued, stating that the informant’s appearance and testimony before an issuing judge is “but one factor to consider in determining whether to grant a Franks hearing, but it does not categorically preclude the court from holding a Franks hearing.” The Illinois Supreme Court affirmed. Chambers made a substantial preliminary showing that a false statement was intentionally, knowingly, or recklessly included in the warrant affidavit; it is irrelevant that the officer’s suspicions about the presence of guns and drugs at the address turned out to be well-founded. View "People v. Chambers" on Justia Law

Sanders was convicted of the 1992 first-degree murder and aggravated kidnapping of Cooks. Sanders was sentenced to concurrent prison terms of 60 and 15 years. Bingham, May, and Barfield were convicted in separate trials. In 2010, Sanders filed a second successive postconviction petition, alleging actual innocence. Despite the absence of any motion for leave to file the successive petition, the circuit court allowed it and advanced it to the second stage of proceedings. The court then dismissed the petition. The appellate court affirmed. The Illinois Supreme Court affirmed, finding purported new evidence and a recantation “not so conclusive in character as would probably change the result on retrial.” View "People v. Sanders" on Justia Law

Williams pleaded guilty to unlawful delivery of a controlled substance in exchange for a sentencing cap of 25 years’ imprisonment. Defendant later moved to withdraw his plea, claiming he had been improperly admonished regarding the maximum sentence he faced. The court had stated, several times, that he faced a maximum sentence of 60 years’ imprisonment. In making the statement, the court applied 720 ILCS 570/408(a) which provides: “Any person convicted of a second or subsequent offense under this Act may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized.” Defendant had a prior felony conviction, and his enhanced Class X maximum sentence of 30 years on the unlawful delivery charge was doubled to 60. The court denied defendant’s motion; the appellate court reversed. The Illinois Supreme Court affirmed, concluding that section 408(a) is ambiguous so that it was appropriate to invoke the rule of lenity. The court reasoned that it was unable to say with certainty that the legislature intended that section 408(a) would apply only to offenses committed in violation of the Act, as defendant argued, or whether, as the state claimed, it may apply to double defendant’s enhanced Class X maximum of 30 years to 60 years. View "People v. Williams" on Justia Law

In 2008 Gill was shot to death while sitting outside his Chicago home with Clark. The evidence of defendant’s guilt consisted solely of two eyewitness identifications. The first identification, made by the victim, was admitted into evidence under the excited utterance exception to the hearsay rule. Before Gill died, Gill’s father (Johnson) asked Gill who had shot him. Both Clark and Johnson testified that Gill responded that “Lucky” had shot him. Multiple witnesses testified that defendant, who lived across the street from Gill, was known by the nickname “Lucky.” Gill’s mother testified that Gill and defendant had been friends for years, that defendant often spent time in Gill’s home, and that defendant recently had been fighting with a member of Gill’s family. From photographs and during an in-person show-up, Clark identified defendant as the shooter. Clark admitted she had seen defendant only “[l]ike once or twice” before the shooting, had not spoken to him, and did not know him. Clark apparently contradicted herself about whether defendant wore a hood. Defendant filed a motion in limine to allow an attorney/licensed psychologist, to testify as an expert on the topic of memory and eyewitness identification. The Illinois Supreme Court reversed denial of the motion, finding that the requested testimony was relevant and the error was not harmless. View "People v. Lerma" on Justia Law

Thompson, was convicted of violating the Methamphetamine Control and Community Protection Act, (720 ILCS 646/25(a)(2), (d)(2), following a jury trial in which the circuit court admitted lay opinion identification testimony of four witnesses (Illinois Rule of Evidence 701), who identified Thompson as the person depicted in a surveillance videotape or still photographs that were taken from the crime scene. The appellate court reversed, stating that none of the witnesses aided the jurors’ own identification of who was depicted in the video and, therefore, the testimony encroached upon the function of the jury. The Illinois Supreme Court reversed, noting that one witness merely laid the foundation for admission of the video and another had a perspective of the defendant that the jury did not have, so that there was some basis to conclude he was more likely to correctly identify the defendant. While admission of the testimony of the other two witnesses was in error, the error was harmless. Thompson acknowledged that he was the person on the video and the jury was repeatedly told by both attorneys and instructed by the court that it was up to the jury to make the ultimate determination of whether Thompson was the individual depicted on the video. View "People v. Thompson" on Justia Law

In separate trials, defendant was convicted of unlawful possession of vehicle titles and unlawful possession of a stolen vehicle. In each case, defendant moved for a new trial more than 30 days after the jury verdict, but less than 30 days after sentencing. The state did not object to timeliness. The court heard arguments, then denied the motions. The appellate court concluded that both appeals were untimely so that it did not have jurisdiction. The Illinois Supreme Court agreed, but, because of the unique facts, found defendant’s confusion regarding when to file his appeals was understandable. At the sentencing hearing, weeks after the 30-day deadline to move for new trial, counsel and the court discussed scheduling a time to file and hear a motion for new trial. Counsel also moved for jury information to be used in his motion for new trial. Neither the State’s Attorney nor the court challenged the timeliness of defendant’s motions; the state responded on the merits. Timeliness was not discussed until the state filed appellate court responses. Even then, the parties were preoccupied with the revestment doctrine, indicating additional confusion on the part of all parties regarding when to file a motion for new trial and subsequent notice of appeal. The court reinstated the appeal, citing the fundamental right to appeal a criminal conviction. View "People v. Salem" on Justia Law

Defendant was convicted of first-degree murder in the deaths of Coleman, a 68-year-old man shot multiple times at his Chicago home in a botched robbery in 2005, and Stanley, defendant’s alleged coconspirator, gunned down in an alley the next day. Defendant’s statements in taped police interrogation were admitted as evidence against him at trial, after he sought suppression of those statements, arguing they were involuntary due to police questioning him off-camera and without Miranda rights, and due to physical coercion from handcuffs kept on him an excessively long time. The appellate court concluded the confession should have been suppressed, due to doubts it was voluntary, based on defendant’s age (then 19), educational level, sleep and food deprivation, prior substance abuse, deceptive conduct by police, length of interrogation, coercive atmosphere, lack of experience with the criminal justice system, and use of marijuana while in custody. The Illinois Supreme Court remanded. While defendant adequately preserved the broad issue of voluntariness of his confession, his arguments on appeal were almost entirely distinct from his arguments before the trial court. The drastic shift in factual theories deprived the state of the opportunity to present evidence. A court of review could not be confident in the adequacy of this record to address those arguments. View "People v. Hughes" on Justia Law