People v. Wilson

732 N.E.2d 498, 191 Ill. 2d 363, 247 Ill. Dec. 443, 2000 Ill. LEXIS 655
CourtIllinois Supreme Court
DecidedMay 18, 2000
Docket84692
StatusPublished
Cited by26 cases

This text of 732 N.E.2d 498 (People v. Wilson) 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. Wilson, 732 N.E.2d 498, 191 Ill. 2d 363, 247 Ill. Dec. 443, 2000 Ill. LEXIS 655 (Ill. 2000).

Opinions

JUSTICE RATHJE

delivered the opinion of the court;

Defendant, Glenn Wilson, appeals the trial court’s dismissal of his post-conviction petition. Because defendant was sentenced to death for the underlying murder conviction, he appeals directly to this court. See 134 Ill. 2d R. 651(a).

BACKGROUND

A jury in the circuit court of McLean County convicted defendant of the armed robbery of the S&S Liquor Store in Bloomington and of three counts of murder. The same jury found defendant eligible for the death penalty. Defendant waived his right to a jury for the aggravation-mitigation phase of the death penalty hearing. The trial court found that there were no mitigating factors sufficient to preclude a sentence of death and sentenced defendant to death. Defendant appealed, and we affirmed his convictions and death sentence. People v. Wilson, 164 Ill. 2d 436 (1994).

Thereafter, defendant filed a timely pro se post-conviction petition. Subsequently, the trial court appointed counsel for defendant, and he filed an amended petition. Three of defendant’s claims involve the assertion that his attorney was ineffective for failing to properly investigate defendant’s psychological testimony. To pursue these claims, defendant sought funds to hire an expert. The trial court denied defendant’s request for funds. The State moved to dismiss defendant’s petition, and the trial court granted the State’s motion.

Defendant appeals, arguing that (1) the trial court abused its discretion in denying defendant’s request for funds; (2) the trial court erred in dismissing defendant’s petition; (3) defendant was denied the effective assistance of appellate counsel when counsel failed to argue that the State was precluded from seeking the death penalty; (4) the trial court arbitrarily and capriciously imposed a premature deadline for the filing of defendant’s amended petition; and (5) this court should adopt a uniform test governing when an expert should be appointed during both trial and post-conviction proceedings.

ANALYSIS

Appointment of an Expert

Defendant alleges that he was denied the effective assistance of counsel when his attorney failed to investigate defendant’s mental condition and to use the evidence he would have discovered (1) to support defendant’s motion to suppress statements; (2) to present an insanity defense; and (3) as mitigation during defendant’s sentencing hearing. To support these claims, defendant requested that the trial court appropriate funds to allow him to hire an expert. Defendant explained that his medical records and examinations by other experts reveal that he needs to be examined by a neuropsychiatrist.

In support of his motion, defendant attached medical records that include a notation that defendant should be evaluated for temporal lobe epilepsy “as a possible cause of rage attacks.” Defendant also attached affidavits from Harry Gunn, a clinical psychologist, and Jonathan Hess, a clinical neuropsychologist. Gunn’s affidavit states that “neuropsychological testing is highly recommended.” Hess’s affidavit states that, since childhood, defendant has suffered from a seizure disorder and that defendant has never been diagnosed or treated by a behavioral neurologist or neuropsychiatrist who is “educated in the psychiatric consequences of seizure disorders.” Defendant’s history reveals that violent behavior often follows one of his seizures. Based upon his examination of defendant, Hess believes that defendant suffers from “episodic discontrol,” or rage attacks. A person suffering from a rage attack “would be unable to control his behavior or to conform his behavior to the requirements of the law.” Finally, Hess states that, to properly diagnose defendant, “either a behavioral neurologist (who is also an epileptologist) or a neuropsychiatrist” will have to conduct a 24-hour ambulatory EEG.

Defendant therefore requested funding for an ambulatory EEG. Defendant’s attorney averred that he had contacted Dr. Lyle Rossiter, Jr., who had agreed to perform an ambulatory EEG and to examine and evaluate defendant. The cost for the test, test interpretation, and evaluation of defendant totaled $3,786. The trial court denied defendant’s motion to retain Dr. Rossiter. On appeal, defendant contends that the trial court abused its discretion in denying this motion.

Trial courts are permitted to exercise a great deal of discretion in resolving post-conviction petitions. People v. Wright, 149 Ill. 2d 36, 54 (1992). This is done to ensure that defendants are permitted an opportunity to advance claims of constitutional deprivation. Wright, 149 Ill. 2d at 54. Whether to allow a defendant’s motion for the appointment of an expert in a post-conviction proceeding is a matter that lies within the trial court’s discretion. People v. Hall, 157 Ill. 2d 324, 339 (1993); Wright, 149 Ill. 2d at 58. The key question to consider is whether the testimony would assist the court in deciding the question before it. Hall, 157 Ill. 2d at 339-40.

To decide that question here, we must consider the claims under which defendant’s request for an expert arises. Defendant alleges that the expert is needed to allow him to demonstrate that his attorney was ineffective for failing to investigate defendant’s mental condition. In particular, defendant contends that, had trial counsel properly investigated defendant’s mental health, counsel could have (1) presented evidence during the hearing on defendant’s motion to suppress to demonstrate that defendant’s statements should have been suppressed; (2) presented an insanity defense; and (3) demonstrated during the sentencing hearing that a statutory mitigating factor was present.

To succeed in his claims that he was denied the effective assistance of counsel, defendant must allege facts to demonstrate that his attorney’s representation fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 687, 80 L. Ed. 2d 674, 693, 104 S. Ct. 2052, 2064 (1984). Because a defendant must satisfy both prongs of the test, the failure to satisfy either prong precludes a finding of ineffective assistance of counsel under Strickland. People v. Shaw, 186 Ill. 2d 301, 332 (1998).

We now address individually each of defendant’s claims.

Motion to Suppress

Defendant alleges that his mental problems, which include attention and short-term memory problems, “make it extremely doubtful that [defendant’s] statements were made knowingly, understandingly, and voluntarily.” Defendant contends that, had his trial counsel properly investigated defendant’s mental history, counsel would have discovered evidence that would have supported the allegation that defendant was unable to knowingly and intelligently waive his Miranda rights.

Defendant contends that the reports from Hess and Gunn reveal mental problems affecting defendant’s attention and thinking. He asserts that an examination by Dr. Rossiter is necessary to “establish the etiology” of defendant’s mental problems. While both Hess and Gunn agree that Dr.

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People v. Wilson
732 N.E.2d 498 (Illinois Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
732 N.E.2d 498, 191 Ill. 2d 363, 247 Ill. Dec. 443, 2000 Ill. LEXIS 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilson-ill-2000.