People v. Jamison

756 N.E.2d 788, 197 Ill. 2d 135, 258 Ill. Dec. 514, 2001 Ill. LEXIS 475
CourtIllinois Supreme Court
DecidedApril 19, 2001
Docket80967
StatusPublished
Cited by75 cases

This text of 756 N.E.2d 788 (People v. Jamison) 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. Jamison, 756 N.E.2d 788, 197 Ill. 2d 135, 258 Ill. Dec. 514, 2001 Ill. LEXIS 475 (Ill. 2001).

Opinions

JUSTICE McMORROW

delivered the opinion of the court:

Defendant, Ernest D. Jamison, was convicted on a plea of guilty to first degree murder (720 ILCS 5/9— 1(a)(1) (West 1994)) and armed robbery (720 ILCS 5/18 — 2 (West 1994)) in connection with the June 19, 1995, shooting death of Susan K. Gilmore. He was found eligible for the death penalty and sentenced to death. Defendant’s death sentence was stayed pending his appeal, which came directly to this court. Ill. Const. 1970, art. VI, § 4(b); 134 Ill. 2d Rs. 603, 609. On direct appeal, this court determined that defendant had not been properly admonished in accord with Supreme Court Rule 605(b). While retaining jurisdiction over the appeal, we remanded the matter to the circuit court of McLean County so that defendant, after being properly admonished, would have the opportunity to file a motion to withdraw his plea of guilty, as provided in Supreme Court Rule 604(d). See People v. Jamison, 181 Ill. 2d 24 (1998).

On remand, defendant filed a motion to withdraw his guilty plea, which the circuit court denied. The matter now is returned to this court for further review. For the reasons that follow, we affirm defendant’s convictions and sentence.

I. BACKGROUND

The record shows that, in the early morning hours of June 19, 1995, defendant shot and killed a man in Memphis, Tennessee. Using this man’s automobile, defendant fled the state and headed toward Minnesota. While driving through Missouri, defendant shot and killed a gas station attendant.

The stolen vehicle defendant was driving broke down in Illinois. Defendant abandoned that vehicle near a Quick Pic store in McLean, Illinois. He then approached the gas pumps at the front of that store, where Susan Gilmore had just filled her car with gasoline. Defendant walked to within three feet of Gilmore, pulled out a gun, shot Gilmore in the head, and pulled her body out of the car. Defendant then drove away in Gilmore’s car. Soon after, a McLean County sheriff spotted defendant and pursued him in a high-speed car chase. Defendant’s vehiele swerved into a ditch. When the sheriff approached defendant’s car, defendant apparently attempted suicide by shooting himself in the head.

On July 13, 1995, defendant was indicted in the State of Illinois on three counts of first degree murder in relation to the shooting of Susan Gilmore and one count of aggravated vehicular hijacking. The indictments charged that, on June 19, 1995, defendant knowingly and without lawful justification caused the death of Susan Gilmore by shooting her in the head with a handgun and that he “took a motor vehicle, a Honda automobile, from the presence of Susan Gilmore by the use of force when he was armed with a dangerous weapon, a handgun.” On July 21, 1995, defendant was arraigned and entered a plea of not guilty.

On July 25, 1995, while being held in the McLean County detention facility, defendant was seen for the first time by Dr. Bhaskar Damera, a psychiatrist. Dr. Damera determined that defendant was experiencing feelings of boredom and loneliness because he had been rendered blind by a self-inflicted gunshot wound in a failed apparent suicide attempt. Dr. Damera diagnosed defendant as having “Major depression, single episode” and prescribed Sinequan,1 a psychotropic medication.

In August 1995, defendant advised his attorney he wished to change his plea to guilty. A hearing was scheduled for September 1, 1995. At the September 1, 1995, hearing, the State notified the court that, by information, it was adding a charge of armed robbery to the pending charges against defendant. In this new fifth count (count V), it was alleged that defendant “knowingly took the contents of a motor vehicle, said contents belonging to Susan K. Gilmore, and including clothing and personal effects and plants and tapes, from the immediate presence of Susan Gilmore by the use of force when he was armed with a dangerous weapon, a handgun.”

The court advised defendant that, before proceeding further, he was entitled to have a grand jury return an indictment on count V or he could have a preliminary hearing to determine probable cause for the filing of count V Defendant waived these rights and, on the same day the information was filed, entered a plea of guilty to count I, intentional murder, and to count V, the newly filed armed robbery count.

Before the court accepted defendant’s plea, defense counsel advised the court that defendant was taking “an anti-depressant, Sinequan,” which was prescribed for him by Dr. Damera. Counsel further informed the court that she had spoken with Dr. Damera “with regard to the effects of Sinequan as far as Mr. Jamison’s judgment, his ability to understand and communicate with regard to his case, and any other effects that the medication might have on him, and was informed that in fact [defendant] should react in a normal fashion. That the only obvious effect would be to deal with his depression, to some extent help him sleep.” Defense counsel then added, “And I believe from communicating with my client on a regular basis, that in fact there is no negative influence insofar as his judgment is concerned and that he is alert.”

The trial court then admonished defendant in accord with Supreme Court Rule 402, found that defendant’s plea was knowingly and voluntarily made, and accepted defendant’s plea of guilty to first degree murder and armed robbery after hearing the State’s factual basis. The State advised the court that it intended to seek the death penalty and defense counsel acknowledged awareness of the State’s intention.

Defendant waived his right to a jury and, on Decernber 4, 1995, a bench trial was held to determine defendant’s eligibility for the death penalty. Three witnesses testified at this first-stage hearing. The clerk at the Quick Pic store testified to the events leading up to the shooting of Susan Gilmore on June 19, 1995, and defendant’s departure in Gilmore’s car. A McLean County sheriff testified to the events leading up to defendant’s capture, and to defendant’s oral confession to the shooting. The sheriff also testified that audio tapes, plants, and other items were found inside the car defendant was driving when he was arrested. Finally, Gilmore’s son testified that on June 19, 1995, he had been living with his mother in Rockford. At about 8 a.m. that day, he saw his mother loading up her car, a blue Honda Accord, with plants and other items, in anticipation of a planned visit to his aunt’s home in Kansas City. That was the last time he saw her alive.

After hearing the evidence, the trial court found defendant eligible for the death penalty pursuant to section 9 — 1(b)(6)(c) of the Criminal Code of 1961 (720 ILCS 5/9 — 1(b)(6)(c) (West 1994)). After determining defendant’s eligibility for the death penalty, the court proceeded to the second stage of the death penalty hearing and began to receive evidence in aggravation and mitigation. Additional evidence was presented on December 5 and 7, 1995, and on February 9, 13, 14, 15, 16, and 21, 1996.

On the morning of February 15, 1996, defense counsel informed the court that she would be asking her next witness, Dr. Arthur R.

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Cite This Page — Counsel Stack

Bluebook (online)
756 N.E.2d 788, 197 Ill. 2d 135, 258 Ill. Dec. 514, 2001 Ill. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jamison-ill-2001.