People v. Edwards

704 N.E.2d 982, 301 Ill. App. 3d 966, 235 Ill. Dec. 409, 1998 Ill. App. LEXIS 923
CourtAppellate Court of Illinois
DecidedDecember 31, 1998
Docket2-96-1436
StatusPublished
Cited by22 cases

This text of 704 N.E.2d 982 (People v. Edwards) 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. Edwards, 704 N.E.2d 982, 301 Ill. App. 3d 966, 235 Ill. Dec. 409, 1998 Ill. App. LEXIS 923 (Ill. Ct. App. 1998).

Opinions

JUSTICE THOMAS

delivered the opinion of the court:

On January 17, 1996, defendant, James Edwards, was indicted on three counts of first-degree murder (720 ILCS 5/9 — 1 (West 1994)). Following a jury trial, defendant was convicted of first-degree murder and was sentenced to a term of mandatory natural life imprisonment. This timely appeal followed.

On December 9, 1994, 71-year-old Fred Reckling was found beaten to death inside Grand Appliance, a store he owned in Waukegan, Illinois. No arrests were made in connection with the murder. Thirteen months later, on January 4, 1996, defendant was taken into custody for questioning related to an armed robbery of the Roberts Roost Motel in Waukegan. Defendant confessed to the armed robbery and then indicated to the officers that he had been involved in other criminal incidents. In a signed statement, defendant said that he got out of prison in 1991 after serving 17 years for murder and admitted to numerous other crimes, including an armed robbery of the Best Inn Hotel in Waukegan, an armed robbery of Hair Grafters beauty salon, and a burglary of a store at South and Genesee in Waukegan. Defendant also confessed to the murder of a man in New York in 1973 and the murder of a woman in Shaker Heights, Ohio, in 1974. Defendant also admitted to an armed robbery of a man in North Chicago approximately two years earlier. Defendant then said that more incidents had happened since he had been released from jail, possibly including more murders, but said that he needed time to think because he sometimes was so high he had trouble remembering the details.

Later in the interrogation, defendant admitted his involvement in the 1995 robbery of First American Bank in Waukegan. Defendant signed a statement confessing to that robbery. Defendant eventually admitted that he had committed the murder of Fred Reckling at the Grand Appliance store. He subsequently signed a typewritten statement confessing to the murder and was videotaped while reading the statement. Defendant now raises numerous issues on appeal relating to his interrogation and trial. Additional relevant facts will be discussed in the context of the issues raised on appeal.

Defendant’s first issue on appeal is that the State’s peremptory challenges against two African-American venire members, Robert L. Hollins, Jr., and Samuel Holmes, violated the equal protection clause as interpreted by Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712 (1986). Defendant maintains that the standard applied by the trial court to determine whether defendant established a prima facie case of discrimination imposed a burden on him that had been overruled in Batson. Defendant contends that this case should be remanded to the trial court for a proper Batson hearing.

The basis for defendant’s argument that the trial court applied an improper standard is a comment by the trial court that defendant had not shown a pattern of discrimination by the State. Defendant claims that this case in similar to People v. Wiley, 156 Ill. 2d 464 (1993), where the Illinois Supreme Court remanded the case for further Bat-son proceedings based in part upon the trial court’s finding that the State had not excused African-Americans in any systematic manner. The supreme court stated that the trial court’s remarks were reminiscent of the outdated standard applied in Swain v. Alabama, 380 U.S. 202, 13 L. Ed. 2d 759, 85 S. Ct. 824 (1965), where a defendant had to prove that a prosecutor engaged in the exclusion of African-Americans in case after case, rather than in his case alone. Wiley, 156 Ill. 2d at 474. The court stated that while it could not conclude that the trial court had actually applied the outdated Swain test, it found the trial court’s remarks to be improper and misguided. Because the trial record was insufficient to conduct a de novo review, the trial court’s remarks, along with two additional factors, required a remand to the trial court for further Batson proceedings. Wiley, 156 Ill. 2d at 474-75.

We do not find the trial court’s comments in this case to be similar to the comments of the trial court in Wiley. In responding to defendant’s objections to the State’s peremptory challenges to venire member Robert L. Hollins, Jr., the trial court told defense counsel that he “[had] to get a prima facie showing to get past the issue. You have to start with a prima facie showing of the discriminatory issue by the State.” Defense counsel again noted that Hollins’s answers had been without hesitation, and the trial court again said that there had been no prima facie showing of discrimination.

Later, when defendant objected to the peremptory challenge to venire member Samuel Holmes, the following colloquy ensued:

“THE COURT: Well, don’t you have to show a pattern first before we get to — it is a two-step process, isn’t it? First you have to show a pattern of discrimination by the State, or they [sic] by you before we need show any reasons.
MR. BRODSKY: I am not required to show any kind of pattern of discrimination.
THE COURT: Since when?
MR. BRODSKY: I don’t believe I am required to show any pattern.
THE COURT: First you have to show a prima facie showing. Has to be some kind of prima facie showing before we require them [sic] to state a reason.”

Defense counsel then noted that Holmes was the last African-American person remaining in the venire and urged the court to ask the prosecutors to offer a race-neutral reason for their exercise of a peremptory challenge to exclude him from service. The judge denied the defense objection, ruling:

“I don’t find a pattern. I don’t find a prima facie showing to lead me to make an inquiry as to race neutral reason. Therefore, I am not going to force them to make any kind of discussion at this time.”

A Batson inquiry involves a two-step process. A defendant must first set forth a prima facie case of discrimination, and only when a defendant has made out a prima facie case does the trial court call upon the State to set forth its reasons for the peremptory challenge. Wiley, 156 Ill. 2d at 475. Here, the trial court clearly stated six times that defendant had to prove a prima facie case of discrimination and that the defendant had not done so. Based upon our review of the record, we do not find that the trial court imposed an improper burden on defendant when it referred to a pattern. In fact, we note that one of the relevant factors in determining whether a defendant has made out a prima facie case is “whether the State engaged in a ‘pattern’ of challenges against African-Americans.” Wiley, 156 Ill. 2d at 473. Given the trial court’s repeated statement that defendant had to make a prima facie case, and reviewing the trial court’s reference to a “pattern” in context, we find that the trial court was addressing one of the factors relevant to a prima facie determination when it referred to a “pattern” of discrimination and was not placing an improper burden on defendant.

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People v. Edwards
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Cite This Page — Counsel Stack

Bluebook (online)
704 N.E.2d 982, 301 Ill. App. 3d 966, 235 Ill. Dec. 409, 1998 Ill. App. LEXIS 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-edwards-illappct-1998.