People v. Brown
79 N.E.3d 735
| Ill. App. Ct. | 2017Background
- Dieuseul Brown was tried for the 2013 shooting death of Kelsey Coleman; charged in two alternative counts of first-degree murder (felony murder and knowing conduct creating a strong probability of death).
- Witnesses (McNulty and Richardson) identified Brown as an armed intruder who demanded money; they heard gunshots and saw Coleman after he was shot.
- Brown testified he entered to buy drugs, an altercation ensued, Coleman attacked him, his gun fell out, he fired a warning shot and then shot Coleman in the back while believing deadly force was necessary.
- Jury instructions included first-degree (Type A and B), second-degree murder, and that second-degree is a mitigated offense requiring defendant proof by preponderance after a first-degree finding.
- Jury signed multiple, inconsistent verdict forms: acquitted Brown of first-degree murder (Type A), found him guilty of second-degree murder, acquitted on Type B (felony) but found he personally discharged a firearm; trial court entered the inconsistent verdicts and sentenced Brown to 24 years.
- Brown appealed arguing the second-degree conviction must be vacated because acquittal of first-degree murder precludes conviction of second-degree (a mitigated form of first-degree); the State raised forfeiture and plain-error arguments.
Issues
| Issue | State's Argument | Brown's Argument | Held |
|---|---|---|---|
| Whether Brown forfeited appellate review of jury-verdict inconsistency | Brown failed to object or raise in posttrial motion; forfeited unless plain error applies | He raises a reasonable-doubt insufficiency argument that can be raised on appeal | Forfeiture applies; court reviewed for plain error and proceeded under plain-error second-prong (substantial right) |
| Whether an acquittal of first-degree murder bars a conviction of second-degree murder (mitigated lesser) | Jury erred in filling forms; Powell rationale allows inconsistent verdicts to stand and requires independent sufficiency review | Acquittal of first-degree means State failed to prove an essential element of second-degree; conviction must be vacated | An acquittal does not automatically vacate a lesser-mitigated conviction; inconsistent verdicts are erroneous but not constitutional error; affirm after independent sufficiency review |
| Whether the evidence was sufficient to support second-degree murder despite acquittal on first-degree | Jury may have mistakenly favored defendant on one count; independent review of evidence supports conviction | The acquittal demonstrates insufficiency for second-degree and precludes conviction | Independent review found evidence sufficient to support a rational finding of second-degree murder beyond reasonable doubt |
| Whether entry of inconsistent verdicts violated defendant’s substantial rights | Inconsistent verdicts not of constitutional magnitude per Powell; defendant protected by sufficiency review | Entry of conviction inconsistent with acquittal denied fair trial and statutory scheme; conviction must be reversed | Error in inconsistent verdicts did not deny substantial right; conviction affirmed after sufficiency review |
Key Cases Cited
- People v. Parker, 223 Ill. 2d 494 (2006) (acquittal of first-degree murder precludes jury from considering second-degree when jury followed instructions)
- United States v. Powell, 469 U.S. 57 (1984) (inconsistent jury verdicts are cognizable error but not of constitutional magnitude; requires independent sufficiency review)
- People v. Jones, 207 Ill. 2d 122 (2003) (Illinois applies Powell to allow conviction on one count despite acquittal on another when verdicts inconsistent)
- People v. Klingenberg, 172 Ill. 2d 270 (1996) (discussed inconsistency in Illinois precedent prior to being overruled by later holdings)
- People v. Herron, 215 Ill. 2d 167 (2005) (forfeiture rule: failure to object and raise issue in posttrial motion forfeits review)
- People v. Jeffries, 164 Ill. 2d 104 (1995) (recognizes second-degree murder as a lesser mitigated offense of first-degree murder)