People v. Ramey

913 N.E.2d 670, 393 Ill. App. 3d 661, 332 Ill. Dec. 738, 2009 Ill. App. LEXIS 770
CourtAppellate Court of Illinois
DecidedAugust 10, 2009
Docket1-07-2217
StatusPublished
Cited by9 cases

This text of 913 N.E.2d 670 (People v. Ramey) 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. Ramey, 913 N.E.2d 670, 393 Ill. App. 3d 661, 332 Ill. Dec. 738, 2009 Ill. App. LEXIS 770 (Ill. Ct. App. 2009).

Opinion

JUSTICE GARCIA

delivered the opinion of the court:

This is an appeal from the second-stage dismissal of defendant John Ramey’s successive petition for relief under the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122 — 1 et seq. (West 2002)). Following a jury trial presided over by Judge Robert J. Collins, the defendant was convicted of the murder, residential burglary, and robbery of Sylvia Wilson. He was sentenced to natural life in prison for murder, with a consecutive sentence for residential burglary to be served concurrently with a sentence for robbery. We affirmed the judgment on direct appeal (People v. Ramey, 240 Ill. App. 3d 456, 608 N.E.2d 512 (1992)) and affirmed the second-stage dismissal of his 1994 postconviction petition (People v. Ramey, No. 1 — 96—3098 (1998) (unpublished order under Supreme Court Rule 23)).

The defendant filed the instant postconviction petition in October 2003. Judge Rickey Jones granted the State’s motion to dismiss the 2003 petition on res judicata grounds at the second stage of the post-conviction proceeding. The defendant appeals, contending errors of constitutional magnitude by trial counsel were overlooked by postconviction counsel in 1994, errors which he now raises in the petition dismissed by Judge Jones. In particular, he claims the sentence he was ordered to serve consecutive to his life term is void. The defendant contends these record-based issues were not forfeited, despite his failure to raise them in his 1994 petition, because he can satisfy the cause-and-prejudice test to allow his successive petition to proceed. The defendant asserts that postconviction counsel’s failure to raise these issues in his first petition constitutes the required showing of “cause.”

Because we reject the defendant’s assertion as to “cause,” we affirm Judge Jones’s ruling that the claims are barred by res judicata, except for the claim concerning the sentence consecutive to natural life. Case law holds that such a sentence is void, subject to attack at any time, including in a successive postconviction petition. See People v. Waldron, 375 Ill. App. 3d 159, 160, 872 N.E.2d 1036 (2007). We modify the sentencing order to reflect that the consecutive sentence for residential burglary is to be served concurrently with the natural life sentence; we affirm the dismissal of the defendant’s successive postconviction petition in all other respects as barred by res judicata.

BACKGROUND

Motion to Suppress Statements

Prior to trial the defendant moved to suppress statements he made to police after his arrest, arguing that his statements were coerced. At a hearing on the motion, the State introduced police testimony that officers arrived at 1660 South Drake in Chicago to arrest the defendant on January 14, 1986. When the defendant saw the officers, he jumped out of a second-story window and ran 10 to 15 feet before he was detained. When the officers transported the defendant to Area 4 for questioning, he walked with a slight limp. The defendant said his foot hurt but only while walking. According to the officers, the defendant declined offers to go to the hospital. The officers testified that the defendant was never told that he would only receive medical treatment if he made a statement.

The defendant testified that he fell out of the window as an officer holding a gun in one hand reached for the defendant with his other hand. The defendant testified that “both of my bones was sticking out of both of my knees” and he had to be helped into the police station because he could not walk. Once inside, officers said he would only be taken to the hospital if he made a statement. Police took him to Mount Sinai hospital 75 minutes after he made an inculpatory statement.

Because he was still in pain the following morning, the defendant asked to go to “sick call.” The defendant testified that he was taken to Cermak Clinic the next day, where doctors scheduled knee surgery. He did not know exactly when the surgery took place but testified that it was probably four or five months after his arrest. Defense counsel did not introduce the defendant’s medical records or clarify the date of the defendant’s purported surgery.

The trial court found the defendant’s testimony that officers linked medical treatment to giving an inculpatory statement was not credible and denied his motion to suppress.

Trial

The defendant was tried with codefendants Robert Jernigan and Lorenzo White before separate juries. Because the issues raised in the instant postconviction petition are not based on the evidence introduced at trial, we only present a brief summary.

The defendant’s statement to the police was read into evidence. In it, the defendant stated that on January 5, 1986, Jernigan suggested that White and the defendant help him rob Sylvia Wilson. While Jernigan entered Ms. Wilson’s apartment, the defendant waited in the lobby of her apartment building and White waited in a car on the street. Jernigan returned to the lobby 15 minutes later and asked the defendant to help carry bags from the apartment. When the defendant entered Ms. Wilson’s apartment, she was tied up on the bed. After reentering the apartment, Jernigan hit her on the head, placed a rag into her mouth, and tied the rag in place. Jernigan and the defendant rejoined White in the car, left the scene and split the $45 proceeds of the robbery. The evidence demonstrated that Ms. Wilson died from strangulation.

Three witnesses saw the defendant in the lobby of Ms. Wilson’s apartment building on the date of the crime. The defendant’s wife also testified that a few days after Ms. Wilson’s death, she overheard Jernigan say he tied up someone. When she asked the defendant if he was with Jernigan at the time, the defendant admitted that “he was around.”

The jury found the defendant guilty of murder, residential burglary, and robbery.

Sentencing

At the sentencing hearing, defense attorney did not present any evidence in mitigation, although he informed Judge Collins that several of the defendant’s family members were present in court. Judge Collins sentenced the defendant to natural life for the murder based on a finding that it was committed in a brutal and heinous manner. Judge Collins sentenced the defendant to a consecutive 30 years’ imprisonment for residential burglary, to be served concurrently with a 7-year sentence for robbery.

Direct Appeal

On direct appeal, the defendant raised three issues: (1) the trial court erred in failing to suppress his statement; (2) the evidence did not prove him guilty beyond a reasonable doubt; and (3) his sentence was excessive. This court affirmed his conviction and sentence. Ramey, 240 Ill. App. 3d at 456.

1994 Postconviction Petition

In 1994, the defendant filed a pro se postconviction petition contending in part that police officers coerced his inculpatory statement by withholding medical treatment.

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Cite This Page — Counsel Stack

Bluebook (online)
913 N.E.2d 670, 393 Ill. App. 3d 661, 332 Ill. Dec. 738, 2009 Ill. App. LEXIS 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ramey-illappct-2009.