People v. Pearson

826 N.E.2d 1099, 356 Ill. App. 3d 390, 292 Ill. Dec. 663, 2005 Ill. App. LEXIS 294
CourtAppellate Court of Illinois
DecidedMarch 31, 2005
Docket1-03-3550
StatusPublished
Cited by13 cases

This text of 826 N.E.2d 1099 (People v. Pearson) 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. Pearson, 826 N.E.2d 1099, 356 Ill. App. 3d 390, 292 Ill. Dec. 663, 2005 Ill. App. LEXIS 294 (Ill. Ct. App. 2005).

Opinions

JUSTICE WOLFSON

delivered the opinion of the court:

As of the moment they were selected and sworn, the 12 jurors who decided this case had not heard the words “presumption of innocence.” Nor had they heard the defendant had no duty to present evidence or that the defendant could not be penalized for declining to testify. The question is this: Did the trial court’s failure to address these basic principles threaten the integrity of the judicial process? We hold that it did, and we reverse the defendant’s conviction for aggravated unlawful use of a weapon and remand the cause for a new trial.

FACTS

Before the questioning of potential jurors began, the trial court made some preliminary comments, but they did not contain any reference, direct or indirect, to the presumption of the defendant’s innocence or to the principles that the defendant is not required to offer any evidence on his own behalf and the defendant’s failure to testify cannot be held against him.

During jury selection, the trial judge questioned the potential jurors about their previous experiences with crime and the legal system. The judge also asked the venire the following questions:

“Is there anybody seated in the jury box, should the State meet their burden of proof beyond a reasonable doubt that could not go back into the jury room with your fellow jurors and the law as I give it to you and sign a verdict form of guilty? ***
Should the State fail to meet their burden of proof beyond a reasonable doubt, is there anybody seated in the jury box who could not and would not go back into the jury room with your fellow jurors and the law as I give it to you and sign a verdict form of not guilty?”

The trial judge did not question potential jurors about the presumption of innocence, whether they understood that defendant had no duty to present evidence, or whether they would hold against the defendant his decision not to testify. Neither the State’s Attorney nor defense counsel requested additional questions, although the trial judge offered them that opportunity.

At trial, Detective Tim McDermott testified he and his partners, John Burzinski and Carl Suchocki, were conducting a directed patrol in the area of 3500 West Ohio Street in Chicago on September 21, 2002, at 2:58 in the afternoon. When they arrived at 3500 West Ohio Street, several individuals began to shout, “He’s got a gun,” and pointed to defendant standing nearby. Detective McDermott and Officer Suchocki got out of their vehicle and walked toward defendant, who looked at them, pulled a handgun from his waistband, and began to run. The officers ran after defendant. Officer Suchocki was running just a few feet behind defendant. Detective McDermott saw the gun in defendant’s hand as he was running. During the chase, defendant threw the gun over his shoulder into a fenced parkway. Detective Mc-Dermott retrieved the gun, a 9-millimeter semiautomatic handgun, while Officer Suchocki pursued defendant. Eventually, Suchocki caught defendant and placed him under arrest. Detective McDermott gave defendant the Miranda warnings, and defendant said he understood his rights. Defendant also said, “I didn’t rob nobody, I just had a gun.” Upon further examination of the gun, the officers discovered one bullet in the chamber and five in the magazine. The gun was ready to fire. Later, when defendant was questioned at the police station, he again admitted having a gun.

Officer Suchocki described the same sequence of events and his testimony corroborated Detective McDermott’s. The parties stipulated defendant had a prior conviction for delivery of a controlled substance. The State rested its case. Defendant did not testify and rested his case without offering any evidence.

The trial judge gave several instructions to the jury after final arguments. Those instructions covered, among other things, the presumption of innocence, the State’s burden of proof, and defendant’s right not to testify without adverse implication.

The defendant was convicted of aggravated unlawful use of a weapon and sentenced, based on his criminal history, to a Class X prison term of eight years.

On appeal, he contends: (1) he was deprived of a fair trial because the trial court failed to question potential jurors about their acceptance of basic principles of law; (2) he received ineffective assistance of counsel because his lawyer did not ask the court to question jurors regarding those principles; (3) the trial court failed to give proper Rule 605(a) admonishments (210 Ill. 2d R. 605(a)); and (4) the court’s order requiring defendant to submit a DNA sample was an unreasonable search and seizure.

DECISION

I. Failure to Ask the Questions Contained in Rule 431(b)

Defendant contends the trial court had a sua sponte duty to ask certain questions of prospective jurors concerning the defendant’s basic rights. He relies on People v. Zehr, 103 Ill. 2d 472, 476, 469 N.E.2d 1062 (1984), where the supreme court held a trial court abused its discretion during voir dire by refusing defense counsel’s request to ask questions concerning the State’s burden of proof, the right of the defendant not to testify without penalty, and the presumption of innocence.

Before we can address the issue raised by defendant, we must determine whether his failure to preserve it in the trial court prohibits us from making any further inquiry.

Defendant recognizes he forfeited the issue he now raises by not making a request for questions to jurors and by failing to preserve the error in his posttrial motion. See People v. Enoch, 122 Ill. 2d 176, 186, 522 N.E.2d 1124 (1988). He asks us to consider the trial court’s omission under the plain error doctrine.

Supreme Court Rule 615(a) provides: “Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court.” 134 Ill. 2d R. 615(a). Our supreme court has held the plain error rule may be invoked to review forfeited alleged errors under two circumstances, stated in the disjunctive: (1) the evidence in a criminal case is closely balanced or (2) the error is so fundamental and of such magnitude that the accused is denied the right to a fair trial and remedying the error is necessary to preserve the integrity of the judicial process. People v. Johnson, 208 Ill. 2d 53, 64, 803 N.E.2d 405 (2003); see also People v. Nieves, 192 Ill. 2d 487, 502-03, 737 N.E.2d 150 (2000). The procedural default is to be honored “if, in the end, the error is found not to rise to the level of plain error as contemplated by Rule 615(a).” People v. Keene, 169 Ill. 2d 1, 17, 660 N.E.2d 901 (1995).

Some courts have held the first stop in a plain error analysis is to determine whether any error in fact occurred. People v. Sims, 192 Ill. 2d 592, 621, 736 N.E.2d 1048 (2000) (before invoking the plain error exception it is appropriate to determine whether any error occurred); People v. Wade, 131 Ill. 2d 370, 376, 546 N.E.2d 553 (1989); People v. Precup, 73 Ill.

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People v. Pearson
826 N.E.2d 1099 (Appellate Court of Illinois, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
826 N.E.2d 1099, 356 Ill. App. 3d 390, 292 Ill. Dec. 663, 2005 Ill. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pearson-illappct-2005.