On remand to the trial court, the defendant renewed these motions and the trial court denied the defendant's request to reconsider. 498, 563 N.E.2d 385 (1990), which in turn relied upon the holding in People v. Taylor, 50 Ill.2d 136, 277 N.E.2d 878 (1971). She also asserted that incriminating statements she had given investigators were made in the absence of Miranda warnings and resulted from prolonged questioning and refusals by police to allow her to contact her attorney and family, which was a violation of her fifth and sixth amendment rights. After the prosecution rested, the defense presented no witnesses; however, the defense did offer into evidence Sheila Daniels' statement made to police. 241, 788 N.E.2d 1117. She argues section 5-5-3.2(b)(2) of the Unified Code of Corrections (730 ILCS 5/5-5-3.2(b)(2) (West 1996)), which allowed the trial court to impose an extended sentence based upon his finding that the murder was accompanied by exceptionally brutal or heinous behavior, should have been decided by a jury, rather than the trial court. The facts surrounding her stay at the police station and the content of various statements she made to police, including a statement taken by a court reporter wherein defendant admitted to shooting McCoy but claimed it was in self-defense, were laid out at length in Daniels I. Defendant contends next that the trial court erred in not allowing the admission of medical records regarding treatment she had received following a beating from McCoy. People v. Staten, 89 Ill.App.3d 1113, 1116, 45 Ill.Dec. On June 4, 2003, our supreme court directed us to vacate our opinion in this case (204 Ill.2d 667, 273 Ill.Dec. 9-1(a)), armed robbery (Ill.Rev.Stat.1987, ch. In a motion to cite additional authority filed after oral arguments were heard in this case, defendant cited the recent holding in People v. Jones, 315 Ill.App.3d 500, 504, 248 Ill.Dec. 241, 788 N.E.2d 1117 (2003). Indeed, Tyrone raised this issue in his appeal. On remand, the trial court allowed the State to use the other two statements that the appellate court had not addressed. The doctrine, however, merely expresses the practice of courts generally to refuse to reopen what has been decided; it is not a limit on their power. Patterson, 154 Ill.2d at 468-69, 182 Ill.Dec. As for the voluntariness of her confession, Judge Toomin, citing People v. Dodds, 190 Ill.App.3d 1083, 138 Ill.Dec. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. The fact that Lt. Cline was of the opinion that defendant was not under arrest and not in custody does not alter the fact that Judge Toomin applied the proper test and concluded that her admissions to police were admissible. }); Copyright 2015 . Lisa Raye (best known to us old schoolers as Diamond in the Players Club) and rapper, Da Brat, are biological sisters with the same father, David Ray McCoy. As the State properly asserts, this court is unable, based upon the record, to determine the merits of defendant's claim. (See People v. Majer (1985), 131 Ill.App.3d 80, 86 Ill.Dec. at 465, 133 L.Ed.2d at 394. During cross-examination, Cummings acknowledged that there was nothing in his investigation which would indicate that defendant had knowledge of, or assisted in, Sheila's plan to shoot McCoy. 552, 500 N.E.2d 445.) A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. 143, 706 N.E.2d 1017 (1998), this court addressed the defendant's contention on appeal that he was entitled to an evidentiary hearing on his postconviction petition because he had new evidence which showed systematic torture at Area 2. Choices which are made on the basis of strategic considerations after a thorough investigation of all matters relevant to plausible options have traditionally been considered to be unchallengeable. Further, because we find that the decision to use Sheila's statement was a matter of trial tactics, that decision has no bearing on the issue of competency of counsel. 767, 650 N.E.2d 224 (1994) (Daniels I). 69, 538 N.E.2d 444 (1988); People v. Mitchell, 297 Ill.App.3d 206, 209, 231 Ill.Dec. 688], 721 N.E.2d 1219, 1221 (1999), [judgment vacated by People v. Huff, 195 Ill.2d 87 [253 Ill.Dec. Certainly, the failure to file or to present a viable motion to suppress could constitute ineffective assistance of counsel (see People v. Brinson (1980), 80 Ill.App.3d 388, 35 Ill.Dec. In the present cause, the order was to quash an arrest and suppress evidence, period. 143, 706 N.E.2d 1017. See People v. Lucas, 132 Ill.2d 399, 417-18, 139 Ill.Dec. We further note that there was credible evidence in the record that the deceased was an abusive domestic partner, indicating the existence of mitigating factors under sections 5-5-3.1(a)(4) and (a)(8) of the Unified Code of Corrections. Following closing arguments, the court found defendant guilty of first degree murder, armed robbery, and concealment of a homicidal death and later sentenced him to concurrent terms of 60 years' imprisonment for first degree murder, 20 years for armed robbery, and five years for concealment of a homicidal death. We disagree with defendant's position that Judge Toomin did not rule on the fifth amendment aspects of her first motion to suppress. 1 On appeal, with one justice dissenting, this court ruled, inter alia, that the trial court did not err in denying defendant's There is no question that a criminal defendant's prerogative to testify at his own trial is a fundamental right; the question of the exercise of that right is thus not a matter of a strategic or tactical decision best left to trial counsel. People v. Cannon, 150 Ill.App.3d 1009, 1024-25, 104 Ill.Dec. In doing so, we relied upon the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. Cummings again advised defendant of his rights and interviewed him for approximately 45 minutes. Following a hearing on the motion, the trial court denied the motion. Hobley I, 159 Ill.2d at 312, 202 Ill.Dec. The defendant was convicted following a second trial and he appealed arguing that the OPS report regarding abuse of arrestees at Area 2 was new evidence that was not available to the defendant prior to his first trial. The record, however, does not support the contention that defendant was influenced to a great extent by his sister. This new evidence would not cure defendant's inability to establish that he sustained an injury. Hinton, 302 Ill.App.3d at 625, 236 Ill.Dec. In the instant case, the defendant shot her live-in boyfriend by shooting him. A proper foundation is necessary for the admission of hospital records. Thus, we cannot say that the trial court's granting of the City's motion to quash the subpoenas was in error. After defendant told police where Anthony lived, he was picked up and taken to the police station. The X-rays had been taken in Chicago at the same time he had allegedly attempted to negotiate a fraudulent check in Rockford. In arguing that his trial counsel misapprehended the accountability law, however, defendant distorts the record and fails to mention any of his trial counsel's attempts to show that defendant in no manner participated in the planning or commission of the shooting of McCoy. McCoy, 53, a self-made millionaire and bon vivant, was found dead in the back seat of his black Cadillac on Nov. 12, 1988. Enis, 163 Ill.2d at 387 [206 Ill.Dec. After defendant let the officers into his apartment, the police asked him his name and, when he answered, they placed him under arrest, advising him of his constitutional rights. In Apprendi, a New Jersey hate crime statute was declared unconstitutional because it allowed the trial judge to increase penalties for crimes upon a finding the crimes were committed with a purpose to intimidate *** because of race, color, gender, handicap, religion, sexual orientation or ethnicity. Apprendi, 530 U.S. at 468-69, 120 S.Ct. When the police arrived at defendant's apartment, Cummings and several other officers knocked on defendant's door and identified themselves. window._taboola = window._taboola || []; On appeal, defendant contends: (1) that the trial court erred in refusing to hold an evidentiary hearing on her motions to suppress statements; (2) that the trial court erred in quashing her subpoenas to the City of Chicago (City); (3) that the trial court erred in refusing to send her medical reports to the jury during its deliberations; and (4) that her 80-year sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. Father of actress LisaRaye McCoy. After defendant allowed the police entry, he was told to get up against the wall and to drop the blanket which he had wrapped about his naked body. 241, 788 N.E.2d 1117 (2001) and People v. Thurow, 203 Ill.2d 352, 272 Ill.Dec. Following a jury trial in 1990 before Judge Michael P. Toomin, defendant Sheila Daniels was convicted of the first degree murder of her paraplegic boyfriend, David McCoy, and was sentenced to an 80-year prison term.1 On appeal, with one justice dissenting, this court ruled, inter alia, that the trial court did not err in denying defendant's motion to suppress statements, but reversed defendant's conviction, finding the admission of polygraph results at her trial improper. 143, 706 N.E.2d 1017. 767, 650 N.E.2d 224, is helpful to an analysis of this issue. If a court of review has decided a legal issue then the successor judge may rely upon that ruling as settled law, and, in the absence of a change in the law by a still higher court, or new factual basis, apply it to the case before him or her. During argument on defendant's motion, defense counsel argued that new evidence, that being testimony from defendant's brothers, was now available. The trial court's ruling with respect to a motion to quash a subpoena will not be reversed unless the trial court's finding of fact was manifestly erroneous. Anthony was questioned and released. Defendant was not hit or struck or in any manner mistreated during his interrogation. In fact, the section of Cleary and Graham relating to the admission of medical and hospital records explains that while the requirement of calling all persons who made the entries to testify has virtually disappeared with respect to the admission of business records, it continues to be applied to medical records. A subpoena is a compulsory process for obtaining witnesses or documentary evidence in all criminal prosecutions and is guaranteed by the sixth amendment. Consequently, we find that defendant was not deprived of effective assistance of trial counsel by his counsel's failure to present the argument that defendant was psychologically influenced by his sister. 721, 399 N.E.2d 1010); however, in this case, trial counsel presented what amounted to the most viable basis to support the motion to suppress. Defendant argues that the reopening of her case is not barred by the doctrine of law of the case because in Daniels I we ruled, with respect to her motion to suppress, that she had voluntarily accompanied police to the station and that investigators did not employ a ruse in order to induce her to leave her home. The State argued that the doctrine of law of the case barred a subsequent hearing on defendant's motion. There are various reports of the motive behind McCoy's murder. This position is completely belied by the record. Moreover, the fact that defendant did not get the records until the day she testified in her retrial violated the letter and spirit of our rules relating to discovery. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Defendant also argues that Judge Urso should have held a hearing on her motion to suppress based upon the Supreme Court's decision in Stansbury v. California, 511 U.S. 318, 114 S.Ct. See People v. Bourke (1992), 223 Ill.App.3d 732, 166 Ill.Dec. In support of her claim of error, defendant relies upon a series of cases mentioning a report (Goldston Report) of the Office of Professional Standards (OPS) summarizing allegations gleaned from other reports concerning allegations of the systematic abuse of prisoners at Area 2 between the years of 1978 and 1986. Strickland v. Washington, 466 U.S. 668, 688-89, 104 S.Ct. In addition, Cummings testified that, at 4 a.m. in the police station, after he had been advised of his rights, defendant initially denied involvement in McCoy's murder. People v. Enis, 163 Ill.2d 367, 387, 206 Ill.Dec. In People v. Hattery, 183 Ill.App.3d 785, 805-06, 132 Ill.Dec. Hobley subsequently filed a postconviction petition alleging that he had newly discovered evidence of police brutality at Area 2. 267, 480 N.E.2d 153 (1985).]. Secondly, the two-step analysis the Court set out in Thompson was the law in Illinois at the time Judge Toomin ruled upon defendant's motion to suppress. Based on that statement, she considered him to be her attorney. Daniels I, 272 Ill.App.3d at 332, 208 Ill.Dec. 767, 650 N.E.2d 224. Owned motels and nightclubs in Chicago. (People v. Whittaker, 199 Ill.App.3d 621, 629, 145 Ill.Dec. In making this determination, the Supreme Court stated that [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Apprendi, 530 U.S. at 490, 120 S.Ct. Hinton, 302 Ill.App.3d at 622, 236 Ill.Dec. david ray mccoy sheila daniels chicagosteve jacobson fairway net worth. 592, 610 N.E.2d 16 (1992). Contact us. We agreed, reversed the defendant's conviction and ordered a hearing on his motion to suppress. 249, 391 N.E.2d 512, who was high on LSD during police questioning, and suffering from emotional upset due to the unsettling news of his wife's death. Categories . See People v. Majer, (1985), 131 Ill.App.3d 80, 86 Ill.Dec. Prior to her first trial, defendant filed a motion to suppress written and oral statements. 321, 696 N.E.2d 313. However, she did not attempt to call Tyrone at the hearing on her motion. The court then found such an independent basis existed and defendant was again convicted upon retrial. As to the scope of the subpoenas, the defendant in Hinton sought only the complaints of excessive force made against the detectives who were identified in the defendant's case. Judge Presiding. On direct appeal, this court affirmed the trial court's denial of the motion to suppress, but remanded the case for a hearing on the prosecutor's use of peremptory challenges. Defendant contends next that the trial court erred in quashing her subpoenas and asserts she should have been granted an evidentiary hearing on her motion to suppress based on the material sought in those subpoenas. [Editor's Note: Text omitted pursuant to Supreme Court Rule 23. The appellate court held that the trial court had a duty to reconsider its ruling after the appellate court found the ruling as to one statement was erroneous. He was 52 years old. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Published by at February 16, 2022. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. Six days later, Daniels was arrested after the murder weapon, a .25-caliber Beretta, was traced to her. On direct examination, defendant testified to an incident that occurred in May of 1980 where McCoy had pistol whipped her about the head with a gun while the two sat in a car. Prior to his trial, the defendant filed a motion to suppress claiming statements he had given police were the result of police torture. Her time was divided between her father and her mother and grandmother and thus . This ruling meant that defendant was allowed to testify to the content of the medical records. at 467, 133 L.Ed.2d at 396. at 2362-63, 147 L.Ed.2d at 455. She further alleged that prior to seeing her brother Anthony in a beaten condition, police had threatened to charge her and/or Anthony with McCoy's murder for which they could receive the death penalty. See also People v. Watts (1992), 226 Ill.App.3d 519, 168 Ill.Dec. 256, 637 N.E.2d 992 (1994) (Hobley I), and People v. Hobley, 182 Ill.2d 404, 231 Ill.Dec. At the police station, defendant was questioned regarding McCoy's death and admitted to having purchased the gun used in the shooting, but stated it had been stolen by her brother Anthony Daniels. The fact that defendant did not ask for this to be done indicates that defendant's theory in her first motion to suppress had nothing to do with Tyrone's condition. 887, 743 N.E.2d 1043 (2001). After an evidentiary hearing, Judge Toomin denied defendant's motion to suppress. Again, the record does not support defendant's assertion. The second trial court denied this petition but did hold an independent basis hearing for the suppressed in-court identification. 2052, 2066, 80 L.Ed.2d 674.) of first-degree murder against Sheila Daniels, 41, late Monday . He was 53 years old.