People v. Graves

384 N.E.2d 1311, 74 Ill. 2d 279, 24 Ill. Dec. 153, 1979 Ill. LEXIS 238
CourtIllinois Supreme Court
DecidedJanuary 12, 1979
Docket50369
StatusPublished
Cited by29 cases

This text of 384 N.E.2d 1311 (People v. Graves) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Graves, 384 N.E.2d 1311, 74 Ill. 2d 279, 24 Ill. Dec. 153, 1979 Ill. LEXIS 238 (Ill. 1979).

Opinion

MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

John L. Barton, a licensed attorney and appointed counsel in a case against Harold Graves (see People v. Graves (1977), 54 Ill. App. 3d 1027) was found guilty of contempt for his conduct at the trial of the case in the circuit court of La SaUe County. The appellate court, with one justice dissenting, affirmed (54 Ill. App. 3d 860), and we allowed Barton’s petition for leave to appeal under Supreme Court Rule 315 (65 Ill. 2d R. 315).

Barton was appointed to represent Harold Graves in a criminal prosecution in the circuit court of La Salle County. Graves and an alleged accomplice, Mickey Board-man, were both charged, inter alia, with armed robbery. Boardman agreed with the prosecution that he would testify on behalf of the State and against Graves, plead guilty to the lesser offense of burglary, and receive one year probation.

On cross-examination of Boardman, Barton sought to impeach Boardman by having the witness relate the facts pertaining to the agreement with the prosecution. Of particular concern for our purposes are those questions posed by Barton which sought to expose Boardman’s knowledge of possible penalties for armed robbery. In reference to Boardman’s agreement with the prosecution, Barton asked, “And what were you looking at if you didn’t take that deal?” The State’s Attorney made a general objection, which the court sustained on the ground that Graves was charged with the same offense as Boardman and “that the penalty ought not to be mentioned to the jury.” The purpose of this ruling was to avoid prejudice to the State which might result if the jury were informed of the penalty that Graves might receive if convicted.

At the same time, however, the court acknowledged Barton’s legitimate desire to “show that *** the witness got something in return for testifying.” (See People v. Norwood (1973), 54 Ill. 2d 253.) Following a short side-bar discussion, the court determined that certain questions, as formulated, could be asked:

“THE COURT: I will allow you to ask the question in this form, what did the police tell you you were going to get if you didn’t testify?
MR. YACKLEY [Assistant State’s Attorney]: If I could, could I suggest a question, did you know that you would get substantially more?
THE COURT: No, I think that is the first question you should ask, then the second one, what did the police tell you because that is what is in his mind.”

Shortly thereafter, the court reiterated: “But first the preliminary question he suggested then the question that I say and I’ll allow it to be asked and answered in that form because we have to know what is in his mind. That is what is important not what actually he could get. He might not even know.” In response, Barton expressed his understanding of the court’s ruling, stating, “I’m sure that is what he is going to testify, Judge.”

At the close of these discussions, the witness was recalled and Barton resumed cross-examination:

“MR. BARTON: Mr. Boardman, you’re charged with Armed Robbery in this case, aren’t you?
A. Yes.
Q. And you can’t get probation for Armed Robbery, can you?
MR. YACKLEY: Objection, he has gone beyond what the Court permitted here.
THE COURT: Sustained.
MR. BARTON: As a matter of fact, you can get life imprisonment for Armed Robbery, can’t you?
MR. YACKLEY: Objection.
THE COURT: Take the jury out.
MR. YACKLEY: Objection, and I ask that the Court take some sanctions here.
THE COURT: Take the jury out. Mr. State’s Attorney, state your motion.
MR. YACKLEY: I say that the Court ought to impose some sort of sanctions on counsel for the Defendant. He has clearly violated the ruling of the Court, he has deflagrantly [szc] violated, the life in prison, it’s flagrant violation of the Court’s ruling.
THE COURT: It’s not only a flagrant violation, it’s an absolute misstatement of the law. You kindly show me in Chapter 38 where you can get life in prison. You deliberately misstated the law to the jury, you deliberately defied the Order of this Court not to mention the penalty. Finding you in wilful contempt of this Court and direct contempt and impose a fine of $50.00 this time.”

In this appeal, Barton raises various arguments as to why the trial court’s finding of contempt should be set aside. We find none of them to be of merit, and accordingly affirm the judgments of the circuit and appellate courts.

In People ex rel. Kunce v. Hogan (1977), 67 Ill. 2d 55, 59-60, quoting In re Estate of Melody (1969), 42 Ill. 2d 451, 452, contempt of court was defined as “ ‘conduct calculated to embarrass, hinder or obstruct a court in its administration of justice or to derogate from its authority or dignity, or bring the administration of law into disrepute.’ ” Where, as here, the conduct in question is committed in the presence of the court, neither notice nor pleading is necessary; the contemnor may be punished summarily “because the acts occur in the presence of the judge and presumably within his personal observation and knowledge.” (People v. Gholson (1952), 412 Ill. 294, 299.) As a reviewing court, we determine whether there is sufficient evidence to support the finding of contempt (People v. Richardson (1947), 397 Ill. 84, 90) and whether the judge considered only facts within his personal knowledge. The latter requirement is peculiar to cases of direct contempt such as that involved here, and is warranted by the summary nature of direct contempt proceedings. People v. Loughran (1954), 2 Ill. 2d 258, 263.

Barton clearly failed to comply with the ruling of the court and propounded a series of questions which, by itself, impermissibly informed the jury of the seriousness of potential penalties facing the accused, Harold Graves. The finding of contempt was therefore proper, for, as the court stated in Faris v. Faris (1966), 35 Ill. 2d 305, 309, “If the court had jurisdiction of the subject matter and of the parties to the proceeding, then its order must be obeyed until such time as it is set aside by the issuing or reviewing court.”

We note also that, contrary to the claims of Barton, there is no constitutional infirmity in the trial judge’s finding of contempt. When certain matters are withdrawn from the consideration of the jury, counsel may not, through question or comment, expose the jury to the very matters withdrawn from its consideration, and a summary conviction of contempt based on such conduct is not a denial of due process. (Fisher v. Pace (1949), 336 U.S. 155, 93 L. Ed. 569, 69 S. Ct.

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

Related

People v. Bradley
2024 IL App (2d) 230292-U (Appellate Court of Illinois, 2024)
Sunnybrook, LP v. City of Alton
2021 IL App (5th) 190314-U (Appellate Court of Illinois, 2021)
Windy City Limousine Company, LLC v. Sal Milazzo
2018 IL App (1st) 162827 (Appellate Court of Illinois, 2019)
People v. Duff
2012 IL App (5th) 100479 (Appellate Court of Illinois, 2012)
In re Marriage of Newton
2011 IL App (1st) 90683 (Appellate Court of Illinois, 2011)
Busey Bank v. Salyards
Appellate Court of Illinois, 1999
Cihon v. Cargill
Appellate Court of Illinois, 1997
Cihon v. Cargill, Inc.
689 N.E.2d 153 (Appellate Court of Illinois, 1997)
In Re Marriage of Lichtenstein
637 N.E.2d 1258 (Appellate Court of Illinois, 1994)
People v. Simac
641 N.E.2d 416 (Illinois Supreme Court, 1994)
In re Marriage of Davis
633 N.E.2d 911 (Appellate Court of Illinois, 1994)
People v. Heitland
625 N.E.2d 1160 (Appellate Court of Illinois, 1993)
People v. Coulter
594 N.E.2d 1157 (Appellate Court of Illinois, 1992)
People v. Ellis
564 N.E.2d 186 (Appellate Court of Illinois, 1990)
In re Marriage of Betts
558 N.E.2d 404 (Appellate Court of Illinois, 1990)
People v. A.M.
470 N.E.2d 58 (Appellate Court of Illinois, 1984)
In Re AM
470 N.E.2d 58 (Appellate Court of Illinois, 1984)
Allen v. Duffie
469 N.E.2d 702 (Appellate Court of Illinois, 1984)
People v. Robinson
427 N.E.2d 288 (Appellate Court of Illinois, 1981)
City of Chicago v. Chicago Fire Fighters Union
425 N.E.2d 1071 (Appellate Court of Illinois, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
384 N.E.2d 1311, 74 Ill. 2d 279, 24 Ill. Dec. 153, 1979 Ill. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-graves-ill-1979.