People v. Everhart
405 Ill. App. 3d 687
Ill. App. Ct.2010Background
- Defendant Tyrone Everhart, Jr. was convicted by jury of aggravated criminal sexual assault and sentenced to natural life.
- Evidence included a 1994 aggravated criminal sexual assault conviction of defendant and testimony from G.C. about the 1994 offense, and D.R. about the 2005 offense.
- DNA from semen matched defendant after testing, linking him to the 2005 assault.
- A replica pistol lighter was recovered from a girlfriend's car and introduced at trial.
- Defense opened by promising the jury that Everhart would testify to a consensual encounter, but he did not testify at trial.
- The court admitted evidence of the 1994 offense under section 115-7.3 to show propensity and balanced probative value against prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for breaking a promise to testify | People argues no prejudice shown; overwhelming evidence. | Everhart's counsel was ineffective for promising testimony that was not delivered. | No prejudice shown; Strickland not satisfied. |
| Admissibility of prior conviction under 115-7.3 | Evidence properly admitted to show propensity in sex offenses. | Time gap and differences render evidence unduly prejudicial. | Not an abuse of discretion; evidence admitted properly under 115-7.3. |
| Admission of replica pistol lighter evidence | Lighter relevant as part of possession of weapon and threat context. | Issue not preserved for review; forfeited. | Forfeited; review not available. |
| Sufficiency of evidence for life-endangering element under 12-14(a)(3) | Evidence showed threat to endanger life via weapon, not just words. | No life-threatening acts, only verbal threats. | Evidence sufficient; aggravated criminal sexual assault upheld. |
| Cumulative error claim | Cumulative errors denied due process. | Errors collectively deprived fair trial. | No reversible cumulative error; conviction affirmed. |
Key Cases Cited
- Donoho v. People, 204 Ill.2d 159 (Supreme Court of Illinois, 2003) (admissibility of other-crimes evidence under 115-7.3 balanced for probative value and prejudice)
- People v. Briones, 352 Ill.App.3d 913 (1st Dist., 2004) (defense promised testimony; juvenile impact on prejudice analysis)
- People v. Chandler, 129 Ill.2d 233 (Supreme Court of Illinois, 1989) (ineffective assistance standards; broken promises may not be per se prejudicial)
- People v. Schlager, 247 Ill.App.3d 921 (1st Dist., 1993) (test for prejudice when counsel promises testimony but omits it)
- People v. Illgen, 145 Ill.2d 353 (Supreme Court of Illinois, 1991) (general similarities suffice for admissibility of other-crimes evidence)