People v. Hill

2023 IL App (1st) 150396, 218 N.E.3d 1217, 467 Ill. Dec. 346
CourtAppellate Court of Illinois
DecidedMarch 24, 2023
Docket1-15-0396
StatusPublished
Cited by13 cases

This text of 2023 IL App (1st) 150396 (People v. Hill) 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. Hill, 2023 IL App (1st) 150396, 218 N.E.3d 1217, 467 Ill. Dec. 346 (Ill. Ct. App. 2023).

Opinion

2023 IL App (1st) 150396

No. 1-15-0396

Opinion filed March 24, 2023

FIFTH DIVISION

IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 10 CR 18710 (01) ) MARTELL HILL, ) Honorable ) Angela M. Petrone, Defendant-Appellant. ) Judge presiding.

JUSTICE MITCHELL delivered the judgment of the court, with opinion. Justice Lyle and Justice Navarro concurred in the judgment and opinion.

OPINION

¶1 Defendant Martell Hill appeals his conviction of first degree murder and raises the

following issues: (1) did Hill make a knowing and intelligent waiver of his trial counsel’s per se

conflict of interest because he was not informed of the significance of the conflict, (2) did the State

fail to prove Hill’s guilt beyond a reasonable doubt because the eyewitnesses either recanted their

identification or identified Hill one year after the crime, (3) did the trial court abuse its discretion

in admitting gang evidence because the evidence lacked relevance, and (4) did the trial court

commit manifest error in denying Hill’s pro se posttrial motion raising a claim of ineffective

assistance of counsel because Hill’s trial counsel failed to call witnesses whose testimony could No. 1-15-0396

have impeached the prosecution witness and established Hill’s alibi defense? For the following

reasons, we affirm.

¶2 I. BACKGROUND

¶3 On the night of October 25, 2009, Jamar Taylor sat alone in his car, talking to Courtney

Jordan who sat in his own car parked next to Taylor’s. The two chatted for a few minutes when a

man approached the driver’s side of Taylor’s vehicle. The man, later identified as Martell Hill,

fired a gun at Taylor multiple times before he fled. Taylor died, and an autopsy revealed 12 gunshot

entrance wounds on Taylor’s body.

¶4 Several individuals at the scene—including Jordan, Christopher Jackson, and Jonathan

Walker—declined to speak to police on the night of the shooting. As the police investigation

continued, however, Jordan and Walker identified Hill as the man who shot and killed Taylor and

testified to the same before the grand jury. Jackson also testified before the grand jury that Hill

was the shooter. Over a year after the grand jury proceedings, Jordan recanted his identification of

Hill when he spoke with a defense investigator and signed an affidavit stating that he did not see

the shooter.

¶5 A few months after this recantation, Jordan was charged with possession of a controlled

substance in an unrelated case. Hill’s trial counsel, Tod Urban, filed an appearance as Jordan’s

attorney in that case. Urban’s representation of Jordan continued for about one year until he

withdrew shortly before Hill’s trial. The State moved to disqualify Urban from representing Hill

based on Urban’s representation of Jordan, one of the prosecution witnesses in Hill’s case.

Although initially granting the motion to disqualify, the trial court reconsidered the ruling and

allowed Urban to stay on the case after a hearing at which Hill was present.

-2- No. 1-15-0396

¶6 At trial, Jackson and Walker again testified that Hill was the shooter. Jordan, who had

previously recanted his identification of Hill, maintained that he did not see who shot Taylor. The

State also questioned Jordan about his drug case and Urban’s representation of Jordan in that case.

¶7 A jury found Hill guilty of first degree murder of Taylor. Hill then filed a pro se motion

for a Krankel hearing, alleging ineffective assistance of trial counsel, and after a hearing, the trial

court declined to appoint new counsel to pursue the claim on Hill’s behalf. People v. Krankel, 102

Ill. 2d 181 (1984). The trial court sentenced Hill to 50 years in prison for first degree murder, plus

30 years for personally discharging a firearm that proximately caused death, for a total of 80 years’

imprisonment. Hill’s motion for a new trial and motion to reconsider sentence were denied. This

appeal followed. 1 Ill. S. Ct. R. 606 (eff. Dec. 11, 2014).

¶8 II. ANALYSIS

¶9 A. Conflict of Interest

¶ 10 Hill argues that he is entitled to a new trial because his trial counsel had a per se conflict

of interest that Hill did not knowingly and intelligently waive because he was not informed of the

significance of the conflict. Hill’s trial counsel (Urban) had once represented a prosecution witness

(Jordan) who identified Hill as the shooter but later recanted his testimony. The State argues that

Hill forfeited the issue because he failed to raise any issue related to the adequacy of the trial

court’s admonitions or his knowing and intelligent waiver in his posttrial motion. He did raise an

issue related to the prosecution’s reference to the conflict in closing argument, but the posttrial

motion is devoid of any argument related to his knowing waiver of the conflict. The posttrial

1 After filing of the notice of appeal in 2015, this appeal was dismissed for want of prosecution in 2019. After the September 4, 2019 supervisory order of the supreme court reinstated the appeal, both parties have obtained multiple extensions of time to file the record and briefs.

-3- No. 1-15-0396

motion raises no issue as to Hill’s knowing and intelligent waiver. 2 See 725 ILCS 5/116-1(c)

(West 2012) (“The motion for a new trial shall specify the grounds therefor.”). The issue is

forfeited, but because it is a recurring question without an abundance of guidance in our caselaw,

we will address the merits. See People v. Holmes, 2016 IL App (1st) 132357, ¶ 65.

¶ 11 The sixth amendment of the United States Constitution guarantees the right to effective

assistance of counsel (Cuyler v. Sullivan, 446 U.S. 335, 343 (1980)), which entitles criminal

defendants to counsel’s undivided loyalty, free from conflicting interests (People v. Washington,

101 Ill. 2d 104, 110 (1984)). With respect to this right to conflict-free representation, our supreme

court has identified three types of per se conflicts of interest: “(1) where defense counsel has a

prior or contemporaneous association with the victim, the prosecution, or an entity assisting the

prosecution; (2) where defense counsel contemporaneously represents a prosecution witness; and

(3) where defense counsel was a former prosecutor who had been personally involved with the

prosecution of defendant.” People v. Fields, 2012 IL 112438, ¶ 18. If there is a per se conflict,

prejudice is presumed, and the defendant is not required to show that his counsel’s performance

was in any way affected by the conflict. People v. Hernandez, 231 Ill. 2d 134, 143 (2008). Unless

a defendant waives the conflict, a per se conflict is automatic grounds for reversal. Fields, 2012

IL 112438, ¶ 18.

¶ 12 Here, Urban represented Jordan for a year during the period he represented Hill—after

Jordan recanted but before Hill’s trial. It is evident that Urban contemporaneously represented

2 Inexplicably, Hill does not even respond to the State’s assertion of forfeiture. When an appellant fails to respond to an opposing party’s forfeiture argument, that is an additional basis for finding the appellant’s arguments forfeited. People v. Kampas, 2020 IL App (3d) 170464, ¶ 22; Work Zone Safety, Inc. v.

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Bluebook (online)
2023 IL App (1st) 150396, 218 N.E.3d 1217, 467 Ill. Dec. 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hill-illappct-2023.