People v. Holman

730 N.E.2d 39, 191 Ill. 2d 204, 246 Ill. Dec. 359
CourtIllinois Supreme Court
DecidedApril 20, 2000
Docket85897
StatusPublished

This text of 730 N.E.2d 39 (People v. Holman) 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. Holman, 730 N.E.2d 39, 191 Ill. 2d 204, 246 Ill. Dec. 359 (Ill. 2000).

Opinion

730 N.E.2d 39 (2000)
191 Ill.2d 204
246 Ill.Dec. 359

The PEOPLE of the State of Illinois, Appellee,
v.
Tafford Lee HOLMAN, Appellant.

No. 85897.

Supreme Court of Illinois.

April 20, 2000.
Rehearing Denied May 30, 2000.

*41 Stephen E. Eberhardt, Tinley Park, Robert H. Farley, Jr., Naperville, for Appellant.

James E. Ryan, Attorney General, Springfield (John D. Bertocchi, Solicitor General, William R. Browers, Assistant Attorney General, Chicago, of counsel), for the People.

Justice MILLER delivered the opinion of the court:

The defendant, Tafford Lee Holman, brings this appeal from an order by the circuit court of Will County dismissing, without an evidentiary hearing, his second post-conviction petition. Because the defendant received the death penalty for one of the underlying offenses, the present appeal is to this court. 134 Ill.2d R. 651(a). We now affirm the judgment of the circuit court.

The defendant was convicted of murder and other offenses and was sentenced to death in 1981. On direct appeal, this court affirmed certain of the defendant's convictions but vacated his death sentence and remanded the cause for a new sentencing hearing. People v. Holman, 103 Ill.2d 133, 82 Ill.Dec. 585, 469 N.E.2d 119 (1984). The United States Supreme Court denied the defendant's petition for a writ of certiorari. Holman v. Illinois, 469 U.S. 1220, 105 S.Ct. 1204, 84 L.Ed.2d 347 (1985). On remand, the defendant was again sentenced to death, and this court affirmed the defendant's sentence on appeal. People v. Holman, 132 Ill.2d 128, 138 Ill.Dec. 155, 547 N.E.2d 124 (1989). The United States Supreme Court denied the defendant's petition for certiorari. Holman v. Illinois, 497 U.S. 1032, 110 S.Ct. 3296, 111 L.Ed.2d 804 (1990). The defendant then filed a petition for post-conviction relief in the circuit court of Will County. The circuit court dismissed the petition, and this court affirmed the order of dismissal. People v. Holman, 164 Ill.2d 356, 207 Ill.Dec. 467, 647 N.E.2d 960 (1995). The United States Supreme Court once again denied certiorari. Holman v. Illinois, 516 U.S. 976, 116 S.Ct. 478, 133 L.Ed.2d 407 (1995). The defendant later instituted habeas corpus proceedings in federal court. The district court granted the defendant relief, on grounds unrelated to those raised here, but the court of appeals reversed that judgment. Holman v. Gilmore, 126 F.3d 876 (7th Cir.1997). The United States Supreme Court denied review. Holman v. Page, 522 U.S. 1150, 118 S.Ct. 1169, 140 L.Ed.2d 179 (1998).

The defendant commenced the present proceeding on March 11, 1998. In a pro se petition, the defendant raised several interrelated grounds for relief, all of which were based on this court's decisions in People v. Brandon, 162 Ill.2d 450, 205 Ill.Dec. 421, 643 N.E.2d 712 (1994), and its progeny, including People v. Gevas, 166 Ill.2d 461, 211 Ill.Dec. 511, 655 N.E.2d 894 (1995), People v. Kinkead, 168 Ill.2d 394, 214 Ill.Dec. 145, 660 N.E.2d 852 (1995), People v. Birdsall, 172 Ill.2d 464, 219 Ill. Dec. 22, 670 N.E.2d 700 (1996), People v. Nitz, 173 Ill.2d 151, 218 Ill.Dec. 950, 670 N.E.2d 672 (1996), and People v. Britz, 174 Ill.2d 163, 220 Ill.Dec. 388, 673 N.E.2d 300 (1996). That line of authority equated the use of psychotropic drugs with a bona fide doubt of fitness to stand trial and recognized, as a matter of due process, a right to a fitness hearing in the provisions of section 104-21(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/104-21(a) (West 1992)). When Brandon was decided, and at the time of this defendant's trial and sentencing hearing, section 104-21(a) provided, "A defendant who is receiving psychotropic drugs or other medications under medical direction is entitled to a hearing on the issue of his fitness while under medication." 725 ILCS 5/104-21(a) *42 (West 1992). The statute has been amended twice since Brandon was decided (Pub. Act 89-428, § 605, eff. December 13, 1995; Pub. Act 89-689, § 90, eff. December 31, 1996); section 104-21(a) currently provides, "A defendant who is receiving psychotropic drugs shall not be presumed to be unfit to stand trial solely by virtue of the receipt of those drugs or medications." 725 ILCS 5/104-21(a) (West 1998).

The defendant alleged in the present post-conviction petition that he was receiving a psychotropic drug under medical direction during his trial and sentencing hearing and that a fitness hearing therefore should have been conducted for him. The defendant further alleged that trial counsel was ineffective for failing to seek the hearing that the Brandon line of cases held was required under the statute. The trial judge appointed counsel to represent the defendant in proceedings on the petition.

The State moved to dismiss the defendant's post-conviction petition, arguing that it was untimely, that it was barred as a successive petition, and that it was barred by principles of waiver and res judicata. Following a hearing on the State's motion, the trial judge dismissed the petition. In a written opinion, the judge expressed the view that the defendant could not make use of the rule announced in the Brandon line of cases. The trial judge noted that the defendant did not allege that his consumption of psychotropic drugs had affected his understanding of the proceedings against him. The judge commented on the need for finality in the legal system and observed that Brandon was decided after this court had affirmed the defendant's convictions and death sentence on appeal. The judge pointed out that all the prior decisions involving the defendant, from this court and from the federal court of appeals, had failed to find any violations of due process in the proceedings that resulted in the defendant's convictions and death sentence. The defendant's appeal to this court followed. 134 Ill.2d R. 651(a).

As a preliminary matter, we note that the defendant has filed a motion asking this court to stay the present appeal and to permit the parties to submit supplemental briefs addressing our recent decision in People v. Mitchell, 189 Ill.2d 312, 245 Ill. Dec. 1, 727 N.E.2d 254 (2000), which rejected the doctrine expressed in the Brandon line of authority equating the consumption of psychotropic drugs with a bona fide doubt of fitness to stand trial. We ordered the motion taken with the case, and we now deny it.

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

Related

Murray v. Carrier
477 U.S. 478 (Supreme Court, 1986)
Danial Siebert v. Alabama
497 U.S. 1032 (Supreme Court, 1990)
McCleskey v. Zant
499 U.S. 467 (Supreme Court, 1991)
People v. Kinkead
660 N.E.2d 852 (Illinois Supreme Court, 1995)
People v. Birdsall
670 N.E.2d 700 (Illinois Supreme Court, 1996)
People v. Nitz
670 N.E.2d 672 (Illinois Supreme Court, 1996)
People v. Flores
606 N.E.2d 1078 (Illinois Supreme Court, 1992)
People v. Winsett
606 N.E.2d 1186 (Illinois Supreme Court, 1992)
People v. Gevas
655 N.E.2d 894 (Illinois Supreme Court, 1995)
People v. Morgan
719 N.E.2d 681 (Illinois Supreme Court, 1999)
People v. West
719 N.E.2d 664 (Illinois Supreme Court, 1999)
People v. Holman
647 N.E.2d 960 (Illinois Supreme Court, 1995)
People v. Neal
568 N.E.2d 808 (Illinois Supreme Court, 1990)
People v. Mitchell
727 N.E.2d 254 (Illinois Supreme Court, 2000)
People v. Holman
547 N.E.2d 124 (Illinois Supreme Court, 1989)
People v. Free
522 N.E.2d 1184 (Illinois Supreme Court, 1988)
People v. Britz
673 N.E.2d 300 (Illinois Supreme Court, 1996)
People v. Holman
469 N.E.2d 119 (Illinois Supreme Court, 1984)
People v. Tenner
677 N.E.2d 859 (Illinois Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
730 N.E.2d 39, 191 Ill. 2d 204, 246 Ill. Dec. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holman-ill-2000.