People v. Kyse

581 N.E.2d 285, 220 Ill. App. 3d 971, 163 Ill. Dec. 334, 1991 Ill. App. LEXIS 1742
CourtAppellate Court of Illinois
DecidedOctober 9, 1991
Docket4-90-0820
StatusPublished
Cited by23 cases

This text of 581 N.E.2d 285 (People v. Kyse) 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. Kyse, 581 N.E.2d 285, 220 Ill. App. 3d 971, 163 Ill. Dec. 334, 1991 Ill. App. LEXIS 1742 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE LUND

delivered the opinion of the court:

Following a jury trial, defendant Amos Kyse, Jr., was found guilty of first-degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9—1(a)) and sentenced to 25 years’ imprisonment. On appeal, defendant argues that (1) he was denied effective assistance of counsel because counsel failed to raise the affirmative defense of voluntary intoxication; and (2) the trial court abused its discretion in imposing his sentence. We affirm.

At trial, the State admitted into evidence an interview Champaign city police detective George Moreland had with defendant on May 18, 1990, at 10 p.m., approximately one hour after the incident. The contents of defendant’s statement are generally supported by both the State and defense witnesses, and no factual disputes arise on appeal. During the interview, defendant stated that on May 18, 1990, he resided at 306 North Second Street, Champaign, with his girlfriend Tamara Wright, Wright’s daughter, the decedent Anthony Douglas Smith, Smith’s girlfriend Catherine Faye (Chris) Carter, and Carter’s two children.

On May 18, 1990, defendant had a barbecue and party at his home in Champaign. He stated to police that he had invited several friends and relatives to the party and that he was drinking. There was also evidence presented that the defendant used marijuana at the barbecue.

According to the defendant, Anthony Douglas Smith, Amos Kyse, Sr. (defendant’s father), Charles Kyse, and others were playing cards at approximately 8:30 or 9 p.m. on the evening of the incident. At that time, Charles Kyse and Anthony Douglas Smith had some sort of argument, and Smith stopped the card game. The defendant stated that at this time Smith said something to make defendant’s father cry. The defendant then confronted Smith and told him to apologize to Amos Kyse, Sr. Smith began using profanity and stated he would not apologize to anyone. At this point the defendant admitted, “I don’t know what hit me, but I grabbed the knife and I swung it at him. I hit him.” The defendant told police that he was provoked. His statement further described the knife’s dimensions and the altercation with Smith. During the interview with police, defendant further described the color of Smith’s clothing and identified who was present at the time of the stabbing.

The defendant first argues that he was denied effective assistance of counsel because his attorney did not raise the affirmative defense of voluntary intoxication. Defendant relies on the following to support this contention: (1) he consumed alcohol and marijuana; (2) a Champaign police officer stated he could tell defendant had been drinking; and (3) defendant’s alcohol evaluation stated that he is an alcoholic.

In Strickland v. Washington (1984), 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052, the Supreme Court announced a two-part test for judging ineffective assistance of counsel claims. Under that test, a defendant must first show that his counsel’s performance fell below an objective standard of reasonableness (Strickland, 466 U.S. at 688, 80 L. Ed. 2d at 693, 104 S. Ct. at 2064); second, the defendant must also show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different (Strickland, 466 U.S. at 694, 80 L. Ed. 2d at 698, 104 S. Ct. at 2068). Our own supreme court adopted the Strickland test in People v. Albanese (1984), 104 Ill. 2d 504, 526, 473 N.E.2d 1246, 1255. Our supreme court has also recognized that the independence of defendant’s counsel is essential to a fair trial and that no two defense attorneys will necessarily agree on the same strategy for a particular case. Accordingly, when evaluating ineffectivness claims, courts must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. (People v. Hattery (1985), 109 Ill. 2d 449, 460-61, 488 N.E.2d 513, 517.) Effective assistance of counsel refers to competent, not perfect, representation. (People v. Hillenbrand (1988), 121 Ill. 2d 537, 548, 521 N.E.2d 900, 904, citing People v. Stewart (1984), 104 Ill. 2d 463, 492, 473 N.E.2d 1227, 1240; see also People v. Torres (1973), 54 Ill. 2d 384, 391-92, 297 N.E.2d 142, 147.) The State contends that defense counsel’s decision not to tender the affirmative defense of voluntary intoxication was a trial tactic, and that exercise of judgment cannot be the basis for finding ineffective assistance of counsel. We agree with the State.

A review of defense counsel’s competency does not extend to areas that involve the exercise of judgment and trial strategy. (People v. Somerville (1969), 42 Ill. 2d 1, 245 N.E.2d 461.) In the instant case, we believe that defense counsel, in an exercise of judgment and trial strategy, chose not to raise the affirmative defense of voluntary intoxication, although such defense could have been raised. Trial counsel informed the court, outside the jury’s presence, that voluntary intoxication was not available. This statement alone shows that trial counsel considered and rejected voluntary intoxication as a viable defense. Trial counsel’s decision was within the objective standard of reasonableness.

Even assuming that counsel’s performance did fall below an objective standard of reasonableness, we do not believe there was a reasonable probability that the jury would have decided differently. The evidence adduced at trial established that evidence of defendant’s intoxication would have been insufficient to release the defendant of criminal responsibility. See People v. Spicer (1987), 158 Ill. App. 3d 699, 704, 511 N.E.2d 235, 240.

The defendant’s statement to police, which was admitted into evidence without objection, contained the defendant’s version of what happened prior to and during the stabbing. The defendant gave his statement after the passage of only one hour. Defendant’s statement to police was very specific, and it described who was present at the party and what happened leading up to the stabbing. No witnesses testified to facts which would give rise to the inference that defendant did not know what he was doing. In fact, defendant stated to police that he was provoked by decedent. Provocation was the very defense that trial counsel attempted to assert, and which, on appeal, the defendant now claims is an unworkable defense.

In order for defendant to maintain voluntary intoxication as an affirmative defense, the voluntary intoxication must be so extreme as to suspend all of defendant’s powers of reason. (People v. Bradney (1988), 170 Ill. App. 3d 839, 855, 525 N.E.2d 112, 122.) Given the defendant’s strong recollection of the events and his admission that he felt provoked by the decedent, it is clear the voluntary-intoxication defense would have failed.

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Cite This Page — Counsel Stack

Bluebook (online)
581 N.E.2d 285, 220 Ill. App. 3d 971, 163 Ill. Dec. 334, 1991 Ill. App. LEXIS 1742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kyse-illappct-1991.