People v. Houston

890 N.E.2d 424, 229 Ill. 2d 1, 321 Ill. Dec. 702, 2008 Ill. LEXIS 313
CourtIllinois Supreme Court
DecidedApril 17, 2008
Docket102225
StatusPublished
Cited by80 cases

This text of 890 N.E.2d 424 (People v. Houston) 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. Houston, 890 N.E.2d 424, 229 Ill. 2d 1, 321 Ill. Dec. 702, 2008 Ill. LEXIS 313 (Ill. 2008).

Opinion

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Fitzgerald, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Following a jury trial in the circuit court of Peoria County, defendant, Aaron Houston, was convicted of armed robbery (720 ILCS 5/18 — 2(a) (West 2000)). The circuit court sentenced him to 20 years’ imprisonment. A divided appellate court affirmed defendant’s conviction and sentence (People v. Houston, 363 Ill. App. 3d 567 (2006) ), and we granted leave to appeal (210 Ill. 2d R. 315). The case is now before us a second time following our limited remand in People v. Houston, 226 Ill. 2d 135 (2007) (Houston I). In that opinion, we retained jurisdiction and remanded the cause to the circuit court for reconstruction of the voir dire record. Houston I, 226 Ill. 2d at 154.

BACKGROUND

As noted in our opinion in Houston I, defendant’s conviction arose from his participation in a robbery at a Peoria pizzeria. At the beginning of defendant’s trial, defense counsel waived the presence of the court reporter for voir dire. Before both this court and the appellate court, defendant argued that this waiver constituted ineffective assistance by his trial counsel. Having received the reconstruction of the voir dire record from the circuit court, we proceed with our review of defendant’s claims regarding the impropriety of the voir dire and selection of the jury. The facts relevant to defendant’s voir dire claims and their procedural background were presented in Houston I, 226 Ill. 2d at 137-40, and we need not repeat them here. We also consider defendant’s separate claim concerning trial counsel’s failure to submit a jury instruction. Additional facts are set forth below as needed.

ANALYSIS

Voir Dire Proceedings

In Houston I, this court determined that defense counsel’s waiver of the court reporter for voir dire constituted deficient performance, and defendant therefore satisfied the first prong of the test set forth in Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984), for reviewing claims of ineffective assistance. Houston I, 226 Ill. 2d at 148. We now turn to whether the second prong of the Strickland test has been met.

This second prong requires a showing that counsel’s deficient performance resulted in prejudice. A defendant establishes prejudice by showing that, but for counsel’s unprofessional errors, there is a reasonable probability that the result of the proceeding would have been different. People v. Peeples, 205 Ill. 2d 480, 513 (2002). A reasonable probability is a probability sufficient to undermine confidence in the outcome. Peeples, 205 Ill. 2d at 513. In order to prevail on a claim of ineffective assistance, a defendant must satisfy both the performance and the prejudice prongs of Strickland. People v. Evans, 209 Ill. 2d 194, 220 (2004).

In the case at bar, defendant’s pro se motion for a new trial included a complaint about the composition of his jury. In this motion, defendant stated that he “felt a predjudice [sic] and discrimanating [sic] patter[n] going on with the jury,” which he noted consisted of “eleven, white people and one black person.” 1 We determined in Houston I that this complaint amounted to a claim under Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712 (1986).

In Batson, the Supreme Court held that it was a violation of the equal protection clause for the prosecution to use a peremptory challenge to exclude a prospective juror solely on the basis of race. Under Batson, a three-step process is employed to evaluate claims of discrimination in jury selection. First, the defendant must establish a prima facie case of purposeful discrimination by demonstrating that relevant circumstances give rise to an inference that the prosecutor exercised peremptory challenges to remove panel members based on their race. People v. Williams, 173 Ill. 2d 48, 70-71 (1996). Once a prima facie case has been established, the burden shifts to the State to articulate a race-neutral reason for excluding each of the venirepersons in question. Williams, 173 Ill. 2d at 70; People v. Williams, 209 Ill. 2d 227, 244 (2004). Finally, the trial court considers those explanations and determines whether the defendant has met his burden of establishing purposeful discrimination. Williams, 209 Ill. 2d at 244; Williams, 173 Ill. 2d at 70-71.

In the case at bar, the circuit court of Peoria County submitted to this court a reconstruction of the voir dire record consisting of two items: (1) transcripts of the proceedings that resulted in the creation of a “Bystander’s Report Re: Voir Dire Reconstruction,” and (2) the bystander’s report itself, “certified per Supreme Court Rule 323,” dated November 21, 2007, and signed by counsel for defendant and the State. This second item, the bystander’s report, includes a summary of the jury-selection proceedings at defendant’s trial, along with seven exhibits containing documents that apparently were used in assembling the report. Exhibit 1 is a list of the names of the 29 members of the jury panel. Exhibits 2 through 5 consist of juror profile questionnaires — with photos — for the 29 panel members. 2 Three of these 29 appear to be African-American. Included in exhibit 2 are juror profile questionnaires for the 12 members of the final jury, which included one African-American. Also included in exhibit 2 is the questionnaire for the alternate juror. Exhibit 3 consists of juror profile questionnaires for the seven venire members who were excused by the defense, and exhibit 4 includes questionnaires for the six members excused by the State. Exhibit 5 includes questionnaires for the three panel members excused by the court. Exhibit 6, which is a jury seating diagram, lists the names of the panel members who were called for each seat, including those who were excused and those finally seated. Exhibit 7 is the court clerk’s thumbnail summary of the trial, a three-page document that includes, among other items, the names of the final jurors; the names of the panel members excused by the court, the State, and the defense; and the names of the witnesses testifying at trial, along with the dates and times of their testimony.

Our review of the reconstruction proceedings and the resulting bystander’s report reveals the following pertinent information. The reconstruction proceedings were conducted by a judge other than the judge who presided at defendant’s trial. David Gast, the prosecutor at defendant’s trial, appeared for the State in the voir dire reconstruction proceedings. A public defender was appointed to represent defendant, whose trial counsel had since retired from the practice of law. No information was available from defendant’s trial counsel.

According to the bystander’s report, the judge at defendant’s trial questioned potential jurors in groups of four, and counsel for the State and the defense asked supplemental questions.

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Cite This Page — Counsel Stack

Bluebook (online)
890 N.E.2d 424, 229 Ill. 2d 1, 321 Ill. Dec. 702, 2008 Ill. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-houston-ill-2008.