People v. Strickland

843 N.E.2d 897, 363 Ill. App. 3d 598, 300 Ill. Dec. 297, 2006 Ill. App. LEXIS 85
CourtAppellate Court of Illinois
DecidedFebruary 10, 2006
Docket4-04-0218
StatusPublished
Cited by16 cases

This text of 843 N.E.2d 897 (People v. Strickland) 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. Strickland, 843 N.E.2d 897, 363 Ill. App. 3d 598, 300 Ill. Dec. 297, 2006 Ill. App. LEXIS 85 (Ill. Ct. App. 2006).

Opinion

PRESIDING JUSTICE TURNER

delivered the opinion of the court:

In September 2003, the State charged defendant, Larry Strickland, with four counts of aggravated battery (Pub. Act 92 — 841, § 5, eff. August 22, 2002 (2002 111. Laws 3050, 3053) (amending 720 ILCS 5/12 — 4(b)(6) (West Supp. 2001))). After a January 2004 trial, a jury found defendant guilty as charged. At a March 2004 sentencing hearing, the trial court sentenced defendant to three concurrent terms of four years’ imprisonment to run consecutive to defendant’s six other prison terms.

Defendant appeals, asserting (1) he was denied a fair trial because he was handcuffed to a table during his jury trial and (2) the trial court erred by not inquiring into his pro se ineffective-assistance-of-counsel contention. We affirm.

I. BACKGROUND

On January 28, 2004, the trial court held a jury trial on the charges against defendant. Before the trial and outside the jury’s presence, the following exchange took place:

“THE COURT: All right. Presently, you have both hands—
THE DEFENDANT: Yes, sir.
THE COURT: —handcuffed.
THE COURT: I typically allow, unless there is a reason not to— are you right-handed or left-handed[?]
THE DEFENDANT: Left-handed.
THE COURT: Left-handed. All right. I am going to direct that the correctional officers free your left hand, but handcuff your right hand to the table where we have an eyebolt.
THE DEFENDANT: Yes, sir.
THE COURT: So that would allow you some freedom with your left hand to — you have papers there, I note, so you will have freedom of your left hand to look at your papers.
THE DEFENDANT: Yes, sir. Thank you. Will I pick a jury today, or what?”

Also before trial, defendant presented a letter he had written to authorities at the Pontiac Correctional Center (Center) about problems he was experiencing. The trial court allowed defendant to discuss the letter with his attorney, who then explained to the court he was unaware of a manner in which to introduce the letter as evidence at trial. The court allowed the letter to be put in the record for appeal purposes only. Defendant again insisted he wanted his problems with prison officials brought out at trial and wanted to testify to those matters. The court stated it would allow defendant to talk with defense counsel some more.

The State presented the testimony of Bradley Knight, a correctional officer at the Center; Gary Kuhse, a sergeant at the Center; Anthony Harvey, who, at the time of the incident, was a captain at the Center; Joyce Friel, a nurse at the Center; and Karl Webber, a correctional officer in the Center’s internal affairs division. Defendant did not present any evidence.

Knight testified that on the morning of October 30, 2002, he was picking up breakfast trays at the Center when he noticed a liquid substance coming from the cracks of defendant’s cell door. Knight then notified the command staff, and Harvey and Kuhse responded. Kuhse ordered defendant to turn his back to them so Kuhse could open the cuffing hatch and handcuff defendant. When Kuhse opened the hatch and attempted to handcuff defendant, defendant reached out with a toothpaste tube and squirted an unknown liquid in their direction. The substance, which smelled like a mix of feces and urine, hit Knight and Harvey on their right arms as they turned away. Knight observed that defendant’s pulling away from Kuhse caused Kuhse’s left ring finger to get scratched on the top of the cuffing hatch. Kuhse’s finger was bleeding. After the incident, Knight went to the Center’s health-care unit and saw Friel.

Defense counsel cross-examined Knight about the location of the cuffing hatch on the cell door and other aspects of the door. He also asked questions regarding the cuffing procedure and each officer’s position in relationship to the door and each other. Moreover, defense counsel inquired about how Kuhse’s finger was injured.

Harvey and Kuhse gave testimony similar to Knight’s regarding the October 30, 2002, incident. Kuhse stated his finger was bleeding after his struggle with defendant in the cuffing hatch. Harvey indicated some of the substance landed on his right arm and right shirtsleeve. Defense counsel cross-examined both witnesses, bringing out the discrepancies in the officers’ testimony about the incident’s details and exploring how defendant was able to squirt the substance out of his cell directly at the officers.

Friel testified she examined all three officers at the Center’s health-care unit on October 30, 2002. Knight had a foreign substance on his right arm, and thus she had him wash and cleanse his arm. Kuhse had a cut on his wedding-ring finger, which she cleansed and disinfected, and to which she applied a triple antibiotic ointment. Harvey did not have any actual exposure when he arrived at the Center so she just took his vitals and checked him over.

Webber testified he investigated the October 30, 2002, incident and talked to defendant on December 24, 2002. Defendant explained he received a juice carton that was leaking with his breakfast. He got angry about the leaky carton but did not talk to an officer about it. Webber also testified he asked defendant if he squirted the fecal matter on the officers as alleged and said defendant replied “yes, he did.” Webber then asked defendant what exactly was in the stuff he squirted, and defendant replied “ ‘it is something bad.’ ”

After the State’s witnesses testified, the trial court recessed the trial for lunch and allowed defendant to discuss with defense counsel the matters to which defendant wanted to testify. When the proceedings resumed, defendant stated he no longer wanted to testify.

After hearing all of the evidence, the jury found defendant guilty of all four charges. On March 10, 2004, the trial court held a sentencing hearing at which defendant made an oral posttrial motion, asserting an ineffective-assistance-of-counsel claim. The court denied the motion. It then sentenced defendant to three concurrent terms of four years’ imprisonment on the first three counts to run consecutive to defendant’s convictions in the following cases: (1) People v. Strickland, No. 85-C-13416 (Cir. Ct. Cook Co.); (2) People v. Strickland, No. 92-CF-25 (Cir. Ct. Livingston Co.); (3) People v. Strickland, No. 94-CF-76 (Cir. Ct. Livingston Co.); (4) People v. Strickland, No. 94-CF-146 (Cir. Ct. Livingston Co.); (5) People v. Strickland, No. 01-CF-250 (Cir. Ct. Livingston Co.); and (6) People v. Strickland, No. 03-CF-177 (Cir. Ct. Livingston Co.). This appeal followed.

II. ANALYSIS

A. Fair Trial

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Jones-Snow
2025 IL App (4th) 240934-U (Appellate Court of Illinois, 2025)
People v. House
2022 IL App (2d) 210371-U (Appellate Court of Illinois, 2022)
People v. Mills
2020 IL App (5th) 190352-U (Appellate Court of Illinois, 2020)
People v. Acosta
2020 IL App (2d) 180848-U (Appellate Court of Illinois, 2020)
People v. Vargas
949 N.E.2d 238 (Appellate Court of Illinois, 2011)
People v. Ervine
220 P.3d 820 (California Supreme Court, 2009)
People v. Weeks
914 N.E.2d 1175 (Appellate Court of Illinois, 2009)
People v. Jonathan C.B.
898 N.E.2d 252 (Appellate Court of Illinois, 2008)
In Re CB
898 N.E.2d 252 (Appellate Court of Illinois, 2008)
People v. Robinson
872 N.E.2d 1061 (Appellate Court of Illinois, 2007)
People v. Barney
844 N.E.2d 80 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
843 N.E.2d 897, 363 Ill. App. 3d 598, 300 Ill. Dec. 297, 2006 Ill. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strickland-illappct-2006.