People v. Sanders

568 N.E.2d 200, 209 Ill. App. 3d 366, 154 Ill. Dec. 200, 1991 Ill. App. LEXIS 88
CourtAppellate Court of Illinois
DecidedJanuary 24, 1991
Docket1-87-3178
StatusPublished
Cited by30 cases

This text of 568 N.E.2d 200 (People v. Sanders) 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. Sanders, 568 N.E.2d 200, 209 Ill. App. 3d 366, 154 Ill. Dec. 200, 1991 Ill. App. LEXIS 88 (Ill. Ct. App. 1991).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Petitioner, James Sanders, and his codefendants, Clarence Underwood and James Talbert, were convicted of murder (Ill. Rev. Stat. 1981, ch. 38, pars. 9 — 1(a)(1), (a)(2)) following a jury trial in the circuit court of Cook County. The trial judge sentenced Sanders to the penitentiary for a term of 20 years. On direct appeal, this court affirmed the conviction and sentence in a Rule 23 order (107 Ill. 2d R. 23). People v. Underwood (1985), 137 Ill. App. 3d 1156.

Sanders subsequently petitioned for relief pursuant to the Post-Conviction Hearing Act (Ill. Rev. Stat. 1985, ch. 38, par. 122 — 1 et seq.). The trial court granted the petition. The court found that Sanders did not receive effective assistance of counsel due to defense counsel’s joint representation of both Sanders and his codefendants. Accordingly, the court vacated Sanders’ conviction and sentence and ordered that he receive a new trial.

The State assigns manifest error to the trial court’s order. The State contends: (1) defense counsel was not under an actual conflict of interest manifested at trial, and (2) Sanders received effective assistance of counsel at all stages of the litigation. The State also contends that the use of the murder and voluntary manslaughter instructions at Sanders’ trial does not require Sanders to receive a new trial.

We reverse the order of the trial court.

Background

The record contains the following pertinent facts. Defendants were indicted for murder and armed violence. Prior to trial, the State entered a nolle prosequi on the armed violence count. Defendants were tried to a jury for murder.

The trial began on January 26, 1984. Immediately prior to the opening statements, the trial judge addressed the conflict of interest issue with defense counsel and defendants. The following colloquy occurred:

“THE COURT: [Counsel], I have been told by yourself that you have discussed the issue of potential conflict between these three defendants and representation by one attorney. And you have discussed that with them in the past. And you have some observation on that point?
[Defense Counsel]: Earlier on, when this case was first in the preliminary hearing, your Honor, I talked with the defendants and with the mother, to have more than one lawyer represent these young men. Going over the facts, I myself have never found any inconsistency or any conflict wherein either of the defendants would be entitled to a severance, based on antagonistic defense or conflict of interest.
All three gentlemen have indicated, and continuously indicated to me that they want me to represent them. They are happy with my representation, and they feel that there is no conflict in the testimony, as to each of them.
Is that correct, gentlemen?
THE COURT: Clarence Underwood?
DEFENDANT UNDERWOOD: Yes, sir.
THE COURT: John Talbert?
DEFENDANT TALBERT: Yes sir.
THE COURT: And James Sanders?
DEFENDANT SANDERS: Yes, sir.”

The State’s case is summarized as follows. Eldora Stockley and Robert Hilliard each testified that they were with the victim, William Taylor, on August 26, 1982. They left Stockley’s home to look for Taylor’s bicycle, which defendant Talbert had borrowed earlier that day. Stockley drove them to a tavern at 1637 North Clybourn Avenue in Chicago, Illinois. They saw defendants, with Taylor’s bicycle, outside of the tavern.

Stockley double-parked her station wagon in the street and they exited the automobile. Taylor approached Talbert and demanded the bicycle. Talbert refused. Taylor grabbed the bicycle and placed it in the back of Stockley’s car. Taylor, Stockley, and Hilliard reentered the automobile. As they began to drive away, Talbert reached into the station wagon, removed the bicycle, and threw it on the ground. Stockley further testified that Talbert additionally stepped on and kicked the bicycle.

Taylor again exited the automobile and told Talbert to stop damaging the bicycle. The argument between Taylor and Talbert escalated. Hilliard further testified that Taylor also began to argue with defendant Underwood. At this point, Underwood produced a knife and began to swing it at Taylor. Underwood stabbed Taylor several times under the left arm; Talbert approached Taylor from behind and stabbed Taylor in the back. Sanders then hit Taylor in the face with a gin bottle, and Taylor fell to the ground. As police arrived at the scene, Talbert dropped his knife and fled. Underwood and Sanders repeatedly kicked Taylor and then fled. As they ran, Underwood threw his knife against the tavern building.

Chicago police officers William Cordes and Renaldi Guevara testified essentially that Underwood’s knife bounced off of the tavern wall and landed in the street. Underwood retrieved the knife and, after a brief struggle, was apprehended with it. A second knife was found two feet from Taylor’s body. Talbert was arrested when he subsequently returned to the scene to retrieve the bicycle. Sanders was arrested a few days later.

The deputy medical examiner who performed an autopsy on the victim stated that the cause of death was multiple stab wounds. The victim’s blood contained an alcohol level equivalent to seven or eight drinks. However, the autopsy did not yield any evidence of drug use.

A Chicago police department laboratory microanalyst testified that the knife that Talbert allegedly used to stab Taylor showed no traces of human blood; however, Talbert’s shirt had human bloodstains on it. Underwood’s jacket and the knife identified as his weapon also had bloodstains on them. Blood was also found on the glass bottle retrieved from the murder scene. No suitable fingerprints were found on the knives.

During opening statements, defense counsel stated that all three codefendants would assert self-defense. Venore Stockley, Eldora’s sister, testified that, on the day of the murder, Eldora and defendants drank alcohol, and defendants additionally smoked marijuana. Hilliard and the victim also smoked marijuana and took other drugs.

Robert Smith and defendant Underwood testified essentially that they were standing outside of the tavern talking to the other defendants when Taylor arrived in Eldora’s car. Taylor was under the influence of narcotics and alcohol and was angry at defendants. Talbert placed the bicycle in the automobile. Underwood asked Taylor to leave with the bicycle, but Taylor refused. Taylor pushed Underwood a few times; Underwood attempted to persuade Taylor to leave.

Taylor eventually displayed a knife and began to approach Sanders. Underwood then produced a knife and argued with Taylor. After the two drew near, Taylor rushed Underwood and both fell to the ground.

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Bluebook (online)
568 N.E.2d 200, 209 Ill. App. 3d 366, 154 Ill. Dec. 200, 1991 Ill. App. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanders-illappct-1991.