People v. Walker

902 N.E.2d 691, 232 Ill. 2d 113, 327 Ill. Dec. 570, 2009 Ill. LEXIS 179
CourtIllinois Supreme Court
DecidedJanuary 23, 2009
Docket105437
StatusPublished
Cited by291 cases

This text of 902 N.E.2d 691 (People v. Walker) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Walker, 902 N.E.2d 691, 232 Ill. 2d 113, 327 Ill. Dec. 570, 2009 Ill. LEXIS 179 (Ill. 2009).

Opinion

JUSTICE FREEMAN

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Thomas, Kilbride, Carman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Following a bench trial, defendant, Terrance Walker, was convicted in the circuit court of Cook County of one count of first degree murder and one count of second degree murder. He was sentenced to respective concurrent prison terms of 60 years and 15 years. The appellate court affirmed. No. 1 — 06—1761 (unpublished order under Supreme Court Rule 23). We granted defendant’s petition for leave to appeal (210 Ill. 2d R. 315). For the reasons that follow, we reverse the judgment of the appellate court and remand this cause to the circuit court for a new trial.

BACKGROUND

Because of our ultimate resolution of this appeal, we need not set forth a detailed recitation of the factual background in this case. Accordingly, we discuss only those facts necessary for an understanding of our analysis and disposition.

In June 1992, defendant, who was then 15 years old, was charged with the first degree murders of Terry Matthews and Damian Stafford. On July 9, 1992, Cook County Assistant Public Defender Marijane Placek entered an appearance on behalf of defendant. However, on August 12, 1993, Assistant Public Defender Shelton Green filed a motion for continuance, stating that Placek was on a leave of absence until September 13, 1993, and requesting that the proceedings be continued until sometime after her return. On November 19, 1993, a motion to suppress statements was filed by Assistant Public Defender Viola Armijo Rouse, who appears to have been assigned defendant’s case after Placek. This motion alleged that a seven-page, handwritten inculpatory statement made by defendant on June 15, 1992, at the Chicago police department’s Area 5 headquarters was the result of police improperly questioning defendant without the presence of a parent or youth officer, and that it was neither knowingly nor voluntarily made.

During a status hearing on December 16,1993, Rouse indicated that defendant would be waiving his right to a jury trial, and the parties stated that they were ready to set a trial date. The court inquired whether defense counsel was withdrawing her pending motion to suppress defendant’s inculpatory statement. Rouse responded that she was exploring whether there could be a “possible disposition of the case,” and asked that the motion be “entered and continued.” The court stated “I can hear that [motion] along with the trial” and, by agreement, set January 20, 1994, as the trial date.

On January 20, defendant’s case was called for trial, and the State answered that it was ready to proceed. The following colloquy then occurred between defense counsel and the court:

“[Defense Counsel]: Judge, I had [defendant’s] case up on January 26th, and [defendant] left a message yesterday that his case was up today. I have been on trial both Tuesday and Wednesday before Judge Karnezis, on Tuesday until about 6:00 and yesterday until 7:10. I am not ready to go to trial today, and I did not call the State. He asked me why I didn’t call. But, as I said, I have it up for next week.
THE COURT: Ms. Rouse, this has been set. I am sorry. We will pass this case for trial.
[Defense Counsel]: I am not ready for trial, Judge, and I will not be able to go to trial today.
THE COURT: It is irrelevant. There isn’t a private attorney in the business who hasn’t tried to pull something like this.
[Defense Counsel]: As the court knows, I was not originally assigned to [defendant’s] case.
THE COURT: I know, but it is a dirty shame.”

The foregoing is the entire discussion between the court and defense counsel regarding her request for continuance due to her admitted unpreparedness. Although the court temporarily passed defendant’s case, the record does not indicate how much time elapsed until the proceedings resumed. When they did, defense counsel tendered to the court an executed jury waiver signed by defendant. The court questioned him about the waiver and found that it was knowingly and intelligently made.

Defendant’s bench trial then commenced. In his opening argument, the prosecutor emphasized that defendant made an inculpatory statement in which he confessed to committing the crimes, and that the evidence found at the scene corroborated this confession. Defense counsel waived opening statement.

The State then presented its case in chief. Chicago police officer Gregory Bella testified that he and his partner responded to a call from dispatch reporting a possible double homicide, and discovered two men seated in the front seats of a car, both shot in the back of the head. Bella then identified several photographs of the crime scene and the victims. Defense counsel did not cross-examine this witness.

The State’s next witness, Robert Davie, was a forensic investigator with the Chicago police department’s crime lab who processed the crime scene. Davie identified photographs of two fired cartridge cases he recovered from the rear floor of the vehicle, and one .22-caliber cartridge case found in the front passenger area. Although he was unable to recall how many fingerprints he was able to lift, he did recall that one was recovered from the exterior of the car’s rear door, and that it was submitted to the crime lab for further analysis. Defense counsel then cross-examined the witness, which, in its entirety, was as follows:

“Q. Officer Davie, you took print ridge impressions from both the inside and outside of the car, is that correct?
A. That’s correct.
Q. And from the left side and from the right side?
A. Right.
Q. And you took 16 ridge impressions, is that correct?
A. I believe so, if that is what the report states.”

The State also called James Brewer, a latent fingerprint examiner for the Chicago police department. Brewer testified that there were 16 latent fingerprint lifts from the crime scene, with one lift recovered from the right exterior rear door of the car in which the victims were discovered. Brewer submitted this print to the Automated Fingerprint Identification System, which suggested a possible match with defendant. He then compared the prints and confirmed that they were a match.

Defense counsel, who had stipulated that Brewer was an expert in the field of latent fingerprint examination, then cross-examined the witness, which, in its entirety, was as follows:

“Q. Officer Brewer, out of the 16 lifts that were tendered to you, only one matched [defendant’s] prints, is that correct?
A. That’s correct.

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Cite This Page — Counsel Stack

Bluebook (online)
902 N.E.2d 691, 232 Ill. 2d 113, 327 Ill. Dec. 570, 2009 Ill. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-ill-2009.