People v. Cannon

592 N.E.2d 168, 227 Ill. App. 3d 551, 169 Ill. Dec. 681, 1992 Ill. App. LEXIS 388
CourtAppellate Court of Illinois
DecidedMarch 19, 1992
Docket1-89-1685
StatusPublished
Cited by9 cases

This text of 592 N.E.2d 168 (People v. Cannon) 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. Cannon, 592 N.E.2d 168, 227 Ill. App. 3d 551, 169 Ill. Dec. 681, 1992 Ill. App. LEXIS 388 (Ill. Ct. App. 1992).

Opinion

JUSTICE LINN

delivered the opinion of the court:

On remand, the circuit court of Cook County held a Batson hearing subsequent to the jury trial of defendant, Darrell Cannon. The trial court ruled that the State did not use its peremptory challenges during voir dire to exclude black venirepersons from the jury. Defendant appeals, claiming that the trial court’s ruling was against the manifest weight of the evidence.

We reverse and remand for a new trial.

Background

Following a jury trial, defendant was convicted of murder (Ill. Rev. Stat. 1981, ch. 38, pars. 9 — 1(a)(1), (a)(2)), based on accountability. The trial judge sentenced defendant to the penitentiary for a term of natural life.

On appeal, this court affirmed defendant’s conviction and sentence. However, we remanded the cause to the trial court for a Batson hearing. People v. Cannon (1986), 150 Ill. App. 3d 1009, 502 N.E.2d 345.

Our first Cannon opinion was filed on December 11, 1986. Both defendant and the State petitioned the Illinois Supreme Court for leave to appeal. On May 1, 1987, our supreme court retained jurisdiction over the cause and directed the trial court, as we did, to conduct a Batson hearing. 115 Ill. 2d 544.

The supplemented record contains the following facts. During the voir dire in defendant’s trial, a total of 67 venirepersons were questioned. The trial judge excused 16 venirepersons for cause. Of the remaining 51 venirepersons, 17, or 33%, were African-American.

The prosecutor exercised 17 peremptory challenges to exclude venirepersons from the jury. Of that number, 14 were African-American. The record further identifies three African-Americans whom the State accepted as jurors, constituting 25% of the jury. The trial judge found that defendant established a Batson prima facie case. The trial judge based its finding solely on the fact that 14 of the 17 venirepersons excluded by the State were African-American.

The State proffered race-neutral reasons for its exercise of peremptory challenges. In an order dated July 30, 1987, the trial judge accepted the State’s explanation. The court ruled that defendant failed to establish that the State engaged in purposeful discrimination during voir dire.

On April 5, 1989, the Illinois Supreme Court denied defendant’s and the State’s petitions for leave to appeal. (125 Ill. 2d 568.) Our supreme court also ordered that our 1986 Cannon decision be effectuated. On June 27, 1989, the trial court adopted, nunc pro tunc, its July 30, 1987, order. It is from that order that defendant now appeals.

Opinion

The ramifications of Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, continue to be realized. (See, e.g., Hernandez v. New York (1991), 500 U.S. 352, 114 L. Ed. 2d 395, 111 S. Ct. 1859; Powers v. Ohio (1991), 499 U.S. 400, 113 L. Ed. 2d 411, 111 S. Ct. 1364.) However, this court has thoroughly discussed Batson’s general framework in several recent cases. (E.g., People v. Lovelady (1991), 221 Ill. App. 3d 829, 582 N.E.2d 1217; People v. Johnson (1991), 218 Ill. App. 3d 967, 578 N.E.2d 1274.) We need not repeat those discussions here.

I

The State initially argues that defendant failed to establish a Batson prima facie case. (See Lovelady, 221 Ill. App. 3d at 837, 582 N.E.2d at 1224.) The State refers to the trial court’s order, in which the court found that defendant established a Batson prima facie case based solely on the fact that 14 of the 17 venirepersons whom the prosecutor excluded were African-American.

It is true “that a Batson prima facie case cannot be established merely by the numbers of black venirepersons stricken by the prosecution.” (Lovelady, 221 Ill. App. 3d at 837, 582 N.E.2d at 1224-25.) However, “[sjince the prosecutor in the case at bar submitted an explanation for his exercise of peremptory challenges, the question of whether defendant established a Batson prima facie case is moot. Consequently, we turn to the question of whether the prosecutor’s explanation was race-neutral.” Lovelady, 221 Ill. App. 3d at 838, 582 N.E.2d at 1225.

II

Defendant claims that the prosecutor who represented the State at the Batson hearing on remand proffered an explanation that was pretextual or contrived. (See Lovelady, 221 Ill. App. 3d at 839, 582 N.E.2d at 1226.) Viewed from either of two independent and equally fatal aspects, we agree with defendant and conclude that the State’s explanation was not “clear, legitimate, trial-specific, and race-neutral” as required by Batson. See Lovelady, 221 Ill. App. 3d at 838, 582 N.E.2d at 1225, citing Batson, 476 U.S. at 97-98, 90 L. Ed. 2d at 88-89,106 S. Ct. at 1723-24.

A

Defendant offers rebuttal to the prosecutor’s explanation for each of the 14 black venirepersons excluded. However, the exclusion of even one venireperson on the basis of race is unconstitutional and requires reversal of the conviction. (People v. McDonald (1988), 125 Ill. 2d 182, 200, 530 N.E.2d 1351, 1359.) After carefully reviewing the record, we conclude that the State’s explanation for the exclusion of at least two venirepersons was pretextual.

The third black venireperson for whom the State proffered an explanation was Marie Mitchell. The trial judge’s questioning and Mitchell’s jury card adduced the following facts. At the time of the voir dire, Mitchell was 71 years old and a retired maintenance worker. Her late husband had worked for 31 years in the Gary, Indiana, steel mills. She had three daughters: the eldest was a “white collar” employee at a publishing company; the next oldest was a postal worker; and the youngest was unemployed. Approximately 10 years prior to voir dire, Mitchell had been the victim of a purse-snatching; she was not injured and there was no arrest. She had no prior jury service and she did not know anyone who worked in the criminal justice system. The prosecutor at voir dire excused Mitchell without asking her any questions.

At the Batson hearing, the State gave three reasons for excluding Mitchell from the jury. These reasons were inadequate. The first reason was simply that Mitchell was 71 years old. However, the State accepted five white venirepersons of retirement age. “A prosecutor’s use of [a race-neutral explanation] to exclude black venirepersons is not race-neutral if the State retains white venirepersons having that same trait and there is nothing else that distinguishes the retained white venirepersons from the excluded black venirepersons.” Lovelady, 221 Ill. App. 3d at 839, 582 N.E.2d at 1226; see McDonald, 125 Ill. 2d at 199-200, 530 N.E.2d at 1358-59.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Bradshaw
2020 IL App (3d) 180027 (Appellate Court of Illinois, 2020)
People v. Figgs
654 N.E.2d 555 (Appellate Court of Illinois, 1995)
People v. Kitchen
636 N.E.2d 433 (Illinois Supreme Court, 1994)
People v. Gaston
628 N.E.2d 699 (Appellate Court of Illinois, 1993)
People v. Peeples
616 N.E.2d 294 (Illinois Supreme Court, 1993)
People v. Mitchell
592 N.E.2d 175 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 168, 227 Ill. App. 3d 551, 169 Ill. Dec. 681, 1992 Ill. App. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cannon-illappct-1992.