After a hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. After hearing the testimony and the arguments of counsel, the court denied defendant's motion, finding that the police had probable cause to arrest defendant and that defendant's statements were not coerced by the police, but rather were voluntarily given. However, the issue is whether a proper foundation was laid for admission of them into evidence. He was 52 years old. A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. Defendant further argues that because she had first-hand knowledge of the accuracy of the records, the trial court should have admitted them into evidence. If this court did not previously consider a legal issue, and rule upon it, there can be no law of the case which successor Judge Urso should have heeded. (Emphasis in original.). The supreme court cited two facts which have been found to be special circumstances supporting a trial court's decision to hold new de novo hearings on motions to suppress after remand. The court in Taylor held that once a suppression order is entered, it may be reconsidered or appealed, but a second hearing on the merits may not be held. But if the legal issue has never been presented to a trial court and a hearing conducted thereon, and/or if the court has never issued a ruling on the precise legal issue then the doctrine of the law of the case simply cannot be applied because, in reality, there is no law of the case to apply. Patterson, 192 Ill.2d at 138-45, 249 Ill.Dec. Daniels I, 272 Ill.App.3d at 333, 208 Ill.Dec. david ray mccoy sheila daniels chicago. at 467, 133 L.Ed.2d at 396. (Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. Thus, defendant's contention that his counsel did not provide adequate legal assistance in this regard must fail. People v. Daniels, 230 Ill. App. 3d 527 | Casetext Search + Citator 493, 564 N.E.2d 1155 (1990). at 2351, 147 L.Ed.2d at 442. 108, 744 N.E.2d 841] (2001)].. Justice DiVITO delivered the opinion of the court: After a bench trial, defendant Tyrone Daniels was found guilty of first degree murder (Ill.Rev.Stat.1987, ch. Defendant's conviction arose from the November 12, 1988, shooting death of McCoy in the garage of the home that he, defendant and her daughter shared at 1654 East 92nd Street in Chicago. On June 4, 2003, our supreme court directed us to vacate our opinion in this case (204 Ill.2d 667, 273 Ill.Dec. 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. Business man & Millionaire. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. 143, 706 N.E.2d 1017. In support, he attached to his petition an affidavit from an Illinois attorney, reports from OPS detailing the abuse at Area 2, findings from the Chicago police board regarding Area 2 and his own affidavit in which he asserted that he was beaten, pistol-whipped, shocked and suffocated.
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