People v. Figgs

654 N.E.2d 555, 211 Ill. Dec. 93, 274 Ill. App. 3d 735, 1995 Ill. App. LEXIS 619
CourtAppellate Court of Illinois
DecidedAugust 11, 1995
Docket1-93-4468
StatusPublished
Cited by9 cases

This text of 654 N.E.2d 555 (People v. Figgs) 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. Figgs, 654 N.E.2d 555, 211 Ill. Dec. 93, 274 Ill. App. 3d 735, 1995 Ill. App. LEXIS 619 (Ill. Ct. App. 1995).

Opinion

JUSTICE EGAN

delivered the opinion of the court:

A grand jury indicted the defendant, Livell Figgs, and his codefendant, Jesse Hamilton, for first degree murder for the August 5, 1990, fatal shooting of Carlos Palton. The defendant filed a motion for severance, and he and Hamilton were tried simultaneously before two separate juries. The defendant’s jury found him guilty, and the judge sentenced the defendant to 40 years’ imprisonment. The defendant contends that the State denied him a fair trial by discriminating in its use of peremptory challenges to potential jurors, by asking improper questions of a witness and by engaging in inappropriate closing argument.

The State based its case primarily on the testimony of a witness to the shooting, Brenda Diane Seals. Seals testified that, in August 1990, she lived around 55th and Marshfield, where she had lived for 23 years. She had known Palton and his family for most of her life. She had known the defendant, also known as Morocco, for four or five years and had known Hamilton, also known as Tojo, for seven or eight years. She had seen the defendant and Hamilton every day selling drugs on the corner of 56th and Ashland.

On August 5, 1990, she left her home a little after 1 a.m. to go to Fatty Pigs restaurant at 55th and Ashland. Palton was at the restaurant with Wesley Dyer and some other friends. After eating at Fatty Pigs, Seals went to a liquor store at 56th and Ashland. Palton followed her. The defendant, Hamilton and some of their "associates,” Pete, Donnie and Ray Ray, were talking in front of a lounge two doors from the liquor store.

Seals and two men, named Turtle and James, bought some wine in the liquor store, and Seals bought some beer for Palton. She, Turtle and James walked to the southwest corner of 56th and Marshfield. As she stood on this corner, she saw Palton and Dyer walking toward her on the south side of the street. The defendant, Hamilton, Pete, Donnie, Ray Ray and someone named Otis were following Palton and Dyer. Near the corner of 56th and Marshfield, they formed a circle around Palton, and Dyer ran from them. The defendant and Hamilton began slapping Palton in the face, and Hamilton accused Palton of selling drugs on their turf.

Hamilton told the defendant to go get "the missile,” by which he meant a gun. The defendant ran into a gangway and returned with a gun, which he gave to Hamilton. Hamilton gave the gun back to the defendant and said, "[Sjhoot him.” The defendant fired the gun twice at Palton’s back and gave the gun to Hamilton, who fired once or twice at Palton.

The defendant, Hamilton and their "associates” ran from the scene. Seals ran to Palton’s house nearby and told Palton’s mother, Mary Palton, "that her baby had just got shot.” She then returned to 56th and Marshfield, but she did not talk to the police because she was scared of the defendant and Hamilton. Later that morning, however, she talked to the police and told them that she had witnessed the shooting. On August 5, 1990, she identified Hamilton as one of Palton’s shooters from a photograph the police showed her. She looked through books of photographs for a picture of the defendant but did not find one. On January 16, 1991, however, she identified the defendant in a lineup.

As impeachment, the defendant presented Seals’ testimony before the grand jury in this case and her testimony from Figgs’ first trial, which had resulted in a hung jury. Although she testified at the second trial that she had not had anything to drink before witnessing the shooting, she testified before the grand jury that she had drunk three sips of wine before the shooting. Also contrary to her testimony at the second trial, she testified at the first trial that, after the defendant ran from the gangway with the gun, he pointed the gun at Pal-ton and fired. During the first trial, she also admitted telling the police that she was sitting in a doorway at 1639 West 56th at the time of the shooting rather than standing on the corner.

Mary Palton was the State’s first witness. She explained that her son was 18 years old at the time of the shooting. She testified that Seals had come to her door after 1 a.m. on August 5, but the defendant’s counsel objected to the State’s questions concerning the contents of her conversation with Seals.

The State also presented the testimony of several police officers and a medical examiner. These officers explained that they arrived at 56th and Marshfield at approximately 1:30 a.m. on August 5, 1990, and found Palton lying on his back at the southeast corner of that intersection. At 1623 West 56th, the police found one spent .9 millimeter cartridge from a semiautomatic gun. Palton was taken to Cook County hospital, where he died later that morning. The medical examiner testified that Palton died from multiple gunshot wounds. One gunshot entered the back of his left thigh and exited through the front. The other entered his lower back and exited through his chest. He also had abrasions to his face, which the medical examiner opined were the result of being struck in the face within the hour before his death.

In September 1990, the police obtained a warrant for the defendant’s arrest. In January 1991, they arrested him at his father’s home, where they found him hiding in a pile of clothes.

The defendant did not testify, but the defense recalled one of the police officers, Detective James Brennan, to testify in his case. Brennan testified that Seals had told him that the defendant and Hamilton had shot Palton with a semiautomatic gun, but she had not told them that the gun was a .9 millimeter. She had also told them that the defendant had fired one shot and Hamilton had fired three or four shots. In addition, she had told the police that she had been sitting in a doorway at 1639 West 56th at the time of the shooting and stood up as the shooting occurred.

The defendant first contends, under Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, that the State violated his right to equal protection under the fourteenth amendment to the United States Constitution by using peremptory challenges to exclude potential jurors solely on the basis of race. In Batson, the Court established a three-step analysis for determining whether the State engaged in this form of purposeful discrimination. Batson, 476 U.S. at 96-98, 90 L. Ed. 2d at 87-89, 106 S. Ct. at 1723-24.

To show a Batson violation, the defendant must first establish a prima facie case of discrimination in the State’s use of peremptory challenges through relevant circumstances that raise a reasonable inference that the prosecutor used peremptory challenges to exclude potential jurors on the basis of race. (People v. Hudson (1993), 157 Ill. 2d 401, 626 N.E.2d 161.) These relevant circumstances include:

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Cite This Page — Counsel Stack

Bluebook (online)
654 N.E.2d 555, 211 Ill. Dec. 93, 274 Ill. App. 3d 735, 1995 Ill. App. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-figgs-illappct-1995.