People v. Harris

596 N.E.2d 1363, 231 Ill. App. 3d 876, 173 Ill. Dec. 484, 1992 Ill. App. LEXIS 1218
Appellate Court of Illinois·Decided July 30, 1992·No. 5-90-0480·Published·Cited by 14 cases

Opinion

JUSTICE HENRY LEWIS

delivered the opinion of the court:

A jury found the defendant, Dennis Harris, guilty of first-degree murder, armed robbery, and armed violence. Post trial the trial court vacated the judgments of guilt with respect to those counts pertaining to armed robbery and armed violence. After determining that the death penalty should not be imposed, the trial court sentenced the defendant to a term of imprisonment of 75 years. The defendant appeals, presenting two issues for our review: whether his right to an impartial jury was violated and whether the trial court abused its discretion in imposing sentence.

Concerning the first issue he raises for review, defendant contends that his right to an impartial jury was violated because the trial couit improperly refused to excuse potential juror George O’Neill for cause, thereby forcing defendant ultimately to exhaust his peremptory challenges and, thus, to accept the twelfth juror to be seated, juror George Holt, although Mr. Holt was, in the words of the defendant, “acquainted with law enforcement officials.”

The right to a jury trial guarantees to one accused of a crime a fair trial by a panel of impartial jurors, and the failure to accord an accused a fair hearing violates even the minimal standards of due process. (People v. Cole (1973), 54 Ill. 2d 401, 298 N.E.2d 705.) The right to a trial by an impartial tribunal is so basic that a violation of the right requires a reversal. (Cole, 54 Ill. 2d 401, 298 N.E.2d 705.) This issue cannot be disposed of by the harmless-error rule. (Cole, 54 Ill. 2d 401, 298 N.E.2d 705.) Peremptory challenges are not of constitutional dimension but are, rather, creatures of State law, and a State may determine their number, their purpose, and the manner of their exercise. (Ross v. Oklahoma (1988), 487 U.S. 81, 101 L. Ed. 2d 80, 108 S. Ct. 2273; People v. Gleash (1991), 209 Ill. App. 3d 598, 568 N.E.2d 348.) The loss of a peremptory challenge does not constitute a violation of the constitutional right to an impartial jury. (Ross, 487 U.S. 81, 101 L. Ed. 2d 80, 108 S. Ct. 2273.) Peremptory challenges are a means to achieve the end of an impartial jury. (Ross, 487 U.S. 81, 101 L. Ed. 2d 80, 108 S. Ct. 2273.) As long as the jury that sits is impartial, the fact that the defendant had to use a peremptory challenge to achieve that result does not mean the sixth amendment was violated. Ross, 487 U.S. 81, 101 L. Ed. 2d 80, 108 S. Ct. 2273.

The purpose of examination upon voir dire is to filter out prospective jurors who are unable or unwilling to be impartial. (People v. Johnson (1991), 215 Ill. App. 3d 713, 575 N.E.2d 1247.) A person is not competent to sit as a juror if his state of mind is such that a party will not receive a fair and impartial trial with him as a member of the jury. (Cole, 54 Ill. 2d 401, 298 N.E.2d 705.) In voir dire the trial judge is afforded broad discretion (People v. Johnson (1987), 162 Ill. App. 3d 952, 516 N.E.2d 343), and reversal of a conviction will not occur unless there has been an abuse of discretion that denies a defendant an impartial trial (Gleash, 209 Ill. App. 3d 598, 568 N.E.2d 348). Moreover, the trial court’s determination of whether prospective jurors would be fair and impartial should not be set aside unless that determination was contrary to the manifest weight of the evidence. Gleash, 209 Ill. App. 3d 598, 568 N.E.2d 348.

In the instant case, as we have indicated, the trial court denied the defendant’s motion to excuse potential juror George O’Neill for cause, whereupon the defendant removed him by the use of a peremptory challenge. Later, after the defendant had used his last peremptory challenge and had moved unsuccessfully for additional peremptory challenges, George Holt was examined as a potential juror. When the court asked Mr. Holt, “Do you have any close friends or relatives employed by a police agency?” Mr. Holt answered, “Friends.” Asked further by the court, “Would that cause you to put greater or less weight on the testimony of a police officer, if one testifies?” Mr. Holt responded, “No.” Asked by the court, “Will you treat the testimony of a police officer by the same standards as you would any other witness in this case?” Mr. Holt answered, “Yes.” Later the defense inquired of Mr. Holt, “[Y]ou have indicated that you had some friends who were police officers. And who might they be?” Mr. Holt responded, “Just friends of mine in Carbondale, Shiplett, and Reno, couple of the guys over there. That’s all.” Asked further by the defense, “And have you ever talked about this case, to your recollection, or Mr. Harris in any way with either Jerry Reno or Chuck Shiplett, or any of the others?” Mr. Holt answered, “No, no.”

The defense subsequently asked the court to remove Mr. Holt for cause, stating:

“Your Honor, I think that Mr. Holt’s familiarity with members of the police force, including Police Lieutenant Reno, is a problem which may prejudice Mr. Holt against my client, and I would ask that the Court remove Mr. Holt for cause or that in the alternative I be granted an additional peremptory challenge based on the Court’s earlier rulings to remove Mr. Holt.”

The court ruled that “[cjause definitely has not been established, and the Court’s [sic] previously ruled on your request for additional peremptory challenges.” The court earlier had also denied defendant’s motion to reconsider its refusal to remove George O’Neill for cause. We note parenthetically that neither Officer Shiplett nor Officer Reno testified at the defendant’s trial.

In his brief defendant asserts that he “was forced to accept George Holt, who was well-acquainted with several police officers, including an officer who was a State’s witness, as a juror. Thus, this Court must reverse Mr. Harris’ conviction and remand this cause for a new trial.” Defendant does not name this witness. In his reply brief he states that Mr. Holt was acquainted with police officers who were “potential State’s witnesses.” Defendant urges that George Holt “would likely be biased in favor of law enforcement officials,” maintaining that the trial court’s refusal to excuse George O’Neill for cause prejudiced him, thereby depriving him of a fair trial.

The defendant discusses in detail George O’Neill’s responses during voir dire in an effort to show that the trial court erred in refusing to excuse Mr. O’Neill for cause.

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People v. Harris, 596 N.E.2d 1363, 231 Ill. App. 3d 876, 173 Ill. Dec. 484, 1992 Ill. App. LEXIS 1218 (Ill. Ct. App. 1992).

596 N.E.2d 1363 (People v. Harris) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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