People v. Bramlett

476 N.E.2d 44, 131 Ill. App. 3d 616, 86 Ill. Dec. 868, 1985 Ill. App. LEXIS 1705
CourtAppellate Court of Illinois
DecidedMarch 1, 1985
Docket5-83-0091
StatusPublished
Cited by6 cases

This text of 476 N.E.2d 44 (People v. Bramlett) 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. Bramlett, 476 N.E.2d 44, 131 Ill. App. 3d 616, 86 Ill. Dec. 868, 1985 Ill. App. LEXIS 1705 (Ill. Ct. App. 1985).

Opinion

JUSTICE KASSERMAN

delivered the opinion of the court:

Defendant, Jacob Bramlett, was charged by information with the offense of murder. (Ill. Rev. Stat. 1981, ch. 38, par. 9 — 1(a)(1).) Defendant was found guilty as charged by a jury in the circuit court of Randolph County and was sentenced to a term of imprisonment of 50 to 100 years. On appeal, defendant contends (1) that the circuit court improperly refused to allow a defense witness to testify as to whether that witness would believe the sworn testimony of the State’s chief witness and (2) that the prosecutor’s comments during closing argument deprived defendant of a fair trial.

Because defendant does not challenge the sufficiency of the evidence against him, a complete recitation of the facts adduced at trial is unnecessary, and we will detail below as necessary only those facts related to the issues raised by defendant. We first address defendant’s contention that the circuit court improperly refused to allow a defense witness to testify as to whether that witness would believe the sworn testimony of the State’s chief witness.

Defendant’s ex-wife, Anna Bramlett, testified that defendant had admitted killing the victim. In order to impeach her testimony, defendant called a witness, Vera Cross, to testify as to the bad general reputation of Ms. Bramlett for truth and veracity in the community. The relevant portions of the report of proceedings containing Mrs. Cross’ testimony are as follows:

“Q. [Defense Counsel] Do you know Anna Bramlett.
A. Yes, I know her.
Q. And how long have you known Anna Bramlett?
A. Oh, I’d say about 6 to 7 years.
Q. Are you familiar with Anna Bramlett’s reputation for being truthful among the persons and neighbors in Ava?
A. Well, she’s not a truthful person.
[State’s Attorney]: Objection, Judge.
The Court: All right.
Q. Please answer my question.
The Court: Objection is sustained and the jury is instructed to disregard the last answer of the witness. Proceed.
Q. Are you familiar with Anna Bramlett’s reputation for being truthful among the persons, friends, and neighbors she socializes with in Ava?
A. Well, she’s—
Q. Are you familiar with that reputation, Mrs. Cross?
A. Yes, I’ve heard of it, you know, her reputation.
Q. What is her reputation? Would you please tell the jury.
A. Well, I had a conflict with her—
[State’s Attorney]: Objection, Judge, of any conversation.
Q. Please, Mrs. Cross, just answer my questions asked. You stated that you are familiar with her reputation for being a truthful person. Would you please tell the jury what her reputation is for being truthful.
A. Well, she don’t have a very good reputation for being truthful.
A. Would you believe Anna Bramlett—
[State’s Attorney]: Objection, Judge, anything she might believe.
The Court: Objection sustained.”
Defense counsel then made the following offer of proof:
“Q. Mrs. Cross, if Anna Bramlett were to testify under oath, would you believe her testimony?
A. No, sir, I wouldn’t.”
On cross-examination of Mrs. Cross, the following colloquy transpired: “Q. [State’s Attorney] I take it your opinion, in the community you heard conversations about Anna Bramlett. Is that correct?
A. Yes.
Q. Who’s the last person that you heard talking about Anna Bramlett?
A. The last person?
Q. Yeah.
A. Juanita Baker.
Q. Juanita Baker, and that was a conversation about her truth and veracity, about her being truthful?
A. Well, she was beat up by her.
Q. Just answer the question.
A. No.
Q. No. Well, that’s what we are trying to pin down here. Who is the last person you talked to, or were in the presence of conversation concerning Anna Bramlett’s reputation for being truthful? Would you tell the jury who the last person was that you heard discussing her truthfulness.
A. No, I can’t remember who it was.
Q. Can’t remember who it was?
A. No.
Q. Can you remember when it was?
A. Well, it was right after I was beat up by her.
[State’s Attorney]: Judge, I ask that be stricken. That has nothing to do—
A. Oh, I don’t remember.
[Defense Counsel]: Your Honor, she is responding to his questions.
The Court: We will leave it stand. Overruled.
Q. [State’s Attorney] So you don’t remember—
A. No.
Q. Who, and you don’t remember when?
A. No because—
Q. Well, you don’t?
A. I don’t remember, no.
[State’s Attorney]: Okay. I have nothing further, Judge.”

It is the settled law of Illinois that as part of an impeachment witness’ testimony, another witness may testify that such witness has a bad general reputation for truth and veracity. (Frye v. Bank of Illinois (1849), 11 Ill. 367.) Furthermore, the impeachment witness may state whether he or she would believe the other witness under oath; however, it must be clear that the belief or disbelief of the other witness if he or she were to testify under oath is based on the impeachment witness’ knowledge of the other witness’ general reputation for truth and veracity. (People v.

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Cite This Page — Counsel Stack

Bluebook (online)
476 N.E.2d 44, 131 Ill. App. 3d 616, 86 Ill. Dec. 868, 1985 Ill. App. LEXIS 1705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bramlett-illappct-1985.