People v. Burns

494 N.E.2d 872, 144 Ill. App. 3d 345, 98 Ill. Dec. 750, 1986 Ill. App. LEXIS 2353
CourtAppellate Court of Illinois
DecidedJune 16, 1986
Docket4-85-0567
StatusPublished
Cited by15 cases

This text of 494 N.E.2d 872 (People v. Burns) 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. Burns, 494 N.E.2d 872, 144 Ill. App. 3d 345, 98 Ill. Dec. 750, 1986 Ill. App. LEXIS 2353 (Ill. Ct. App. 1986).

Opinion

JUSTICE MORTHLAND

delivered the opinion of the court;

Following a jury trial, defendant was convicted of murder in violation of section 9—1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 9—1). He was sentenced to a 24-year term of imprisonment.

Defendant appeals, alleging four separate errors as grounds for reversal. However, three of these four points were not raised below by the defendant. Normally, a failure by a defendant to raise an issue before the trial court or in a written motion for a new trial constitutes waiver of that issue; the matter cannot be urged as grounds for reversal on review, even if it involves a constitutional right. (People v. Friesland (1985), 109 Ill. 2d 369, 374, 488 N.E.2d 261, 262; People v. Pickett (1973), 54 Ill. 2d 280, 282, 296 N.E.2d 856, 858; People v. Black (1972), 52 Ill. 2d 544, 288 N.E.2d 376, cert. denied (1973), 411 U.S. 967, 36 L. Ed. 2d 689, 93 S. Ct. 2155.) However, the general rule of waiver is not absolute. Supreme Court Rule 615(a) (87 Ill. 2d R. 615(a)) embodies a limited exception to ameliorate the harshness of a strict application of the waiver rule. (People v. Pickett (1973), 54 Ill. 2d 280, 296 N.E.2d 856.) Rule 615(a) states:

“Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court.” 87 Ill. 2d R. 615(a).

Accordingly, a reviewing court may elect to take notice of plain errors affecting substantial rights. (People v. Friesland (1985), 109 Ill. 2d 369, 375, 488 N.E.2d 261, 263.) Still, the plain-error doctrine under Rule 615(a) does not operate in the nature of a general savings clause, preserving for review all errors affecting substantial rights whether or not they were brought to the attention of the trial court. (People v. Precup (1978), 73 Ill. 2d 7, 16, 382 N.E.2d 227.) A significant purpose of the plain-error exception is to correct any injustices done the defendant. (People v. Carlson (1980), 79 Ill. 2d 564, 576, 404 N.E.2d 233, 238.) It therefore becomes relevant to examine the strength or weakness of the evidence against the defendant; if the evidence is close, there is a possibility that an innocent person may have been convicted due to some error which is obvious from the record though not properly preserved for appeal. 79 Ill. 2d 564, 404 N.E.2d 233.

Thus, where the evidence is closely balanced, a court of appeal may still consider errors not properly preserved for review. (People v. Howell (1975), 60 Ill. 2d 117, 121, 324 N.E.2d 403.) In such cases, courts of review will grant relief if the trial error is so prejudicial that real justice has been denied or the jury verdict may have resulted from such error. (People v. Wright (1974), 56 Ill. 2d 523, 533-34, 309 N.E.2d 537; People v. Manzella (1973), 56 Ill. 2d 187, 200, 306 N.E.2d 16, cert. denied (1974), 417 U.S. 933, 41 L. Ed. 2d 236, 94 S. Ct. 2644.) In all instances, though, the evidence must be close factually for Rule 615(a) to be called into play.

Under the plain-error doctrine, we must consider the strength of the evidence presented at trial along with the substantial legal issues raised. Accordingly, we sháll set forth the testimony in some detail.

By information, defendant was charged with four counts of murder arising out of the August 4, 1984, shooting death of Charles Medley. On March 25,1985, the defendant went to trial on those charges.

The State first called Angela Marie White, the nine-year-old daughter of the victim. She testified that she formerly lived with her late father, her mother (Brenda White) and her three younger sisters in certain public housing projects in Springfield. The layout of their apartment residence consisted of a living room and kitchen downstairs, two bedrooms and a bathroom upstairs, and stairs near the front door leading to the second floor. The front and rear entrances were located on the first floor or ground level of the unit.

On the night of the shooting, Angela testified she was at home with her sisters and her father. Charles Medley was upstairs in the bathroom when there was a knock at the front door; Angela was also upstairs at the time. Medley went downstairs to answer the door, and Angela went from her room down the stairs about two or three steps. From there she could see the back of her father. He was not carrying anything, and was wearing only a pair of shorts. He opened the screen door about an inch to an inch and one-half. Angela testified she saw the defendant and another man in the doorway. She stated she had no trouble seeing because the living room and hallway lights near the stairs were turned on. The other man was about one inch taller than the defendant. She recalled that the defendant was wearing a black jacket and possibly blue jeans.

Angela observed the defendant with a gun and a piece of green cloth or towelling in his hands. She then saw the defendant shoot her father in the neck. The defendant was standing outside when he fired the shot; her father was standing inside, and he fell down on his back after the shot. Angela then went upstairs into her room. She heard a second shot and called the police. After that, she got into bed and pulled the covers over her head because she was scared.

On cross-examination, Angela related that the defendant had been at her home earlier that evening talking to her father and another man. She further testified that she may have seen her father get up and fall again inside the residence after the first shot.

Next, Lavanon “Barry” Young testified that at about 11 p.m. on August 4, 1984, he was sitting in his parked car at 13th and Mason streets in Springfield. He saw the defendant, whom he knew, “walking fast” from the back of a building on 13th Place. The defendant came around the car and got in on the passenger’s side. Defendant had a gun in his hands, and was wearing a black leather vest. Young testified that the defendant told him to “pull off.” As they drove away, defendant stated to him: “That nigger, Charles Medley, tripped and I wonder if I killed him.” Young recalled that the defendant was scared, and he was wiping blood from his leg.

At the direction of the defendant, Young eventually stopped the car near a wooded area at the corner of 19th and Lawrence streets. While Young remained in the car, the defendant got out and walked up the hill. When the defendant returned a few minutes later, Young noticed he no longer possessed either the gun or the jacket. The defendant then directed Young to drop him off at the comer of 11th and South Grand.

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Bluebook (online)
494 N.E.2d 872, 144 Ill. App. 3d 345, 98 Ill. Dec. 750, 1986 Ill. App. LEXIS 2353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burns-illappct-1986.