People v. Batchelor

559 N.E.2d 948, 202 Ill. App. 3d 316, 147 Ill. Dec. 608, 1990 Ill. App. LEXIS 1237
CourtAppellate Court of Illinois
DecidedAugust 17, 1990
Docket1-87-3618
StatusPublished
Cited by54 cases

This text of 559 N.E.2d 948 (People v. Batchelor) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Batchelor, 559 N.E.2d 948, 202 Ill. App. 3d 316, 147 Ill. Dec. 608, 1990 Ill. App. LEXIS 1237 (Ill. Ct. App. 1990).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court;

Following a jury trial, defendant Randall Batchelor was found guilty of murder (Ill. Rev. Stat. 1987, ch. 38, par. 9—1(a)(1)) and sentenced to a term of 35 years.

On appeal, he contends that: (1) the State racially discriminated during jury selection; (2) the court made rulings which denied defendant a fair trial by (A) limiting defendant’s opening statements and cross-examination, (B) limiting defendant’s impeachment efforts, and (C) allowing a photo of the dead victim to go to the jury; (3) the court improperly gave instructions on accountability; (4) the State made improper remarks in closing; (5) the court refused to send the jury additional instructions; and (6) the court improperly sentenced defendant to 35 years’ imprisonment. We affirm.

On February 16, 1986, Batchelor, his codefendant Ricky Walls, and Tyrone Bufkin were walking in the vicinity of 101st and Luella in Chicago. A .38 caliber revolver was fired and Bufkin was killed.

The following facts are undisputed. One witness told police he had seen the three boys together shortly before the shooting and that Batchelor had a gun. Two other witnesses told police they had seen three people, had heard shots, and had seen two people flee. After the shooting, Walls and Batchelor went to the home of Charles Joseph. Both Joseph and his cousin William Johnson were present and later testified that Batchelor told them he had shot a boy. Batchelor left a gun at the Joseph home. Later the police recovered bullets from Bufkin’s body which matched bullets from that gun.

Defendant was tried twice. At the first trial, the State introduced a confession by Batchelor, and the defense argued that the confession was the product of police coercion. That trial ended with a deadlocked jury and a mistrial.

At the beginning of the second trial, the judge told the jury that the indictment charged both Ricky Walls and Randall Batchelor with the murder of Tyrone Bufkin. He further explained that the defendants were being tried separately for legal reasons. Shortly afterward, the court granted the State’s motion to exclude Ricky Walls from the courtroom.

Dr. Mitra Kalelkar, deputy medical examiner for Cook County, described the findings of her autopsy on Bufkin including the location of four entrance wounds and the identification of two bullets recovered from his body. She gave her expert opinion that Bufkin died of multiple gunshot wounds.

Batchelor testified in his own defense and stated that, on the night of the killing, he was walking Tyrone Bufkin home with codefendant Ricky Walls lagging behind. When they reached the corner of 101st and Luella, Walls asked Bufkin why he had “flipped” (joined another gang). Bufkin replied that he hadn’t and, besides, what did Walls plan to do about it. At that point, Batchelor testified, Walls pulled out a gun and started shooting. Batchelor fled with Walls to the home of Charles Joseph.

In the defense closing, counsel suggested that Ricky Walls was in command on the night of the killing and that witnesses Joseph and Johnson had been intimidated by Walls. Defense counsel also showed the jury a picture of Bufkin and argued that the wounds in the picture simply did not support the story of Batchelor shooting Bufkin in the back.

I

Batchelor first alleges that the State discriminated by excluding three black jurors during four peremptory challenges. He contends that the State did not meet its burden of establishing race-neutral reasons for excluding black jurors.

The State maintains that Batchelor waived this issue by failing to preserve an adequate record so that a reviewing court could determine whether discrimination occurred. People v. Mitchell (1987), 163 Ill. App. 3d 58, 69, 516 N.E.2d 500.

We find Mitchell to be distinguishable from the instant case. In Mitchell, the defendant failed to preserve any record about the racial makeup of the venire except the fact that one or more blacks had been excluded from the selected jury. In this case, defendant failed to preserve the makeup of the original venire, his own six peremptory challenges and the final two selected jurors. He did, however, preserve the record for the 10 jury members selected up to the point of his challenge and the four peremptory challenges made by the State. See, e.g., People v. Mays (1988), 176 Ill. App. 3d 1027, 1045, 532 N.E.2d 843.

Furthermore, Illinois policy and law on waiver apply the plain-error rule “where the record clearly shows *** an alleged error affecting substantial rights.” (People v. Young (1989), 128 Ill. 2d 1, 46, 538 N.E.2d 461; see also 107 Ill. 2d R. 615(a).) This rule serves the dual purposes of “correcting serious injustices” and preserving “the integrity and reputation of the judicial process.” Young, 128 Ill. 2d at 46.

We will review the Batson issue here because the right to an unbiased jury is so intimately related to justice and the integrity of the court system that we will not consider it waived simply because the defendant failed to preserve all relevant details for review.

In Batson v. Kentucky (1986), 476 U.S. 79, 82, 90 L. Ed. 2d 69, 77, 106 S. Ct. 1712, 1714-15, the Supreme Court examined “the evidentiary burden placed on a criminal defendant who claims that he has been denied equal protection through the State’s use of peremptory challenges to exclude members of his race from the petit jury.”

First, the defendant must make out a prima facie case by showing that “the totality of the relevant facts gives rise to an inference of discriminatory purpose.” (Batson, 476 U.S. at 94, 90 L. Ed. 2d at 86, 106 S. Ct. at 1721, citing Washington v. Davis (1976), 426 U.S. 229, 239-42, 48 L. Ed. 2d 597, 607-09, 96 S. Ct. 2040, 2047-49.) To establish his prima facie case, the defendant: (1) must show that he is a member of a cognizable racial group; (2) must demonstrate that the prosecutor exercised his peremptory challenges to remove members of the group; (3) may rely on the fact that peremptory challenges constitute a jury selection practice which permits discrimination by those “who are of a mind to discriminate”; and (4) must show “that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race.” Batson, 476 U.S. at 96, 90 L. Ed. 2d at 87-88, 106 S. Ct. at 1723; see also People v. Mahaffey (1989), 128 Ill. 2d 388, 412-13, 539 N.E.2d 1172.

The relevant circumstances for a prima facie showing of racial exclusion include but are not limited to: a disproportionate use of peremptory challenges against blacks; the absence of any common traits among the excluded blacks except their race; and the race of the defendant, the victim, and the witnesses. (Mahaffey, 128 Ill. 2d at 413.) Mere numbers do not establish the prima facie case.

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Cite This Page — Counsel Stack

Bluebook (online)
559 N.E.2d 948, 202 Ill. App. 3d 316, 147 Ill. Dec. 608, 1990 Ill. App. LEXIS 1237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-batchelor-illappct-1990.