People v. Adams
2012 IL 111168
Ill.2012Background
- Defendant Romney Adams was indicted in Will County for unlawful possession of a controlled substance.
- Sergeant Boers testified the stop followed a license plate check showing Adams’ suspended license and ownership of the Oldsmobile.
- Boers testified he observed cocaine in Adams’ pocket after a search incident to arrest.
- Defendant testified his arrest and the discovery were questionable, offering an alternate sequence of events and noting the plastic/object on the ground appeared not to be a bag.
- The jury found Adams guilty; appellate court reversed on prosecutorial misconduct; supreme court affirmed in part and reversed in part, addressing plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutor's comments about officers risking careers were improper | Adams argues officers’ credibility comments were improper | State asserts comments rested on reasonable inferences from evidence | Comments improper, but not plain error |
| Whether the error rose to plain error under the circumstances | Evidence was closely balanced; error could tip scales | Evidence not closely balanced; arguments did not affect fairness | No plain-error; not reversible on this basis |
Key Cases Cited
- People v. Smith, 141 Ill. 2d 40 (1990) (prosecutorial misconduct standards; non-evidentiary comments restricted)
- Gallardo-Trapero, 185 F.3d 307 (5th Cir. 1999) (prosecutor cannot rely on potential consequences not in the record)
- Martinez, 981 F.2d 867 (6th Cir. 1992) (prosecutor cannot imply officers’ fear of consequences for lying without record evidence)
- Pungitore, 910 F.2d 1084 (3d Cir. 1990) (improper to claim witnesses would be deterred by consequences not in evidence)
- Weatherspoon, 410 F.3d 1142 (7th Cir. 2005) (improper vouching by suggesting greater credibility due to status or consequences)