People v. Fields
948 N.E.2d 290
Ill. App. Ct.2011Background
- Fields was charged with seven counts surrounding sexual offenses against K.N.J. between 1999 and 2006; charges included two counts of predatory criminal sexual assault, three counts of criminal sexual assault, and two counts of aggravated criminal sexual abuse.
- Prior to trial, the court allowed other-crimes evidence under 725 ILCS 5/115-7.3, including a Rock Island County conviction for aggravated criminal sexual abuse and a certified copy of that conviction.
- C.S., a former guardian ad litem for a juvenile, testified against Fields; counsel had previously represented C.S. in a juvenile matter, a fact not disclosed to the court.
- Fields' public defender represented him at trial; the jury found Fields guilty on all seven counts, and the court vacated three counts and imposed concurrent/consecutive sentences as described.
- Fields argued his defense counsel labored under a per se conflict of interest due to the prior representation of C.S.; the issue centered on whether C.S. qualifies as an “entity assisting the prosecution.”
- The appellate court reversed and remanded for a new trial, holding that there was a per se conflict and that Fields’ conviction could not stand as coached by counsel’s constrained representation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defense counsel’s prior representation of C.S. created a per se conflict. | State contends no per se conflict exists. | Fields argues counsel’s prior representation of C.S. makes him labor under a per se conflict. | Yes; per se conflict exists; remand for new trial. |
| Whether C.S. qualifies as an “entity assisting the prosecution.” | State argues C.S. is an entity assisting the prosecution. | Fields contends C.S. should be treated as an entity; counsel’s conflict arises. | C.S. qualifies as an entity; per se conflict established. |
| Whether reversal is required given the per se conflict. | State asserts no error if conflict is limited. | Fields seeks reversal due to ineffective assistance. | Reversed and remanded for a new trial with new counsel. |
Key Cases Cited
- People v. Taylor, 237 Ill. 2d 356 (2010) (per se conflicts: victim, prosecution, or assisting entity)
- People v. Hernandez, 231 Ill. 2d 134 (2008) (per se conflicts with assisting entity and other scenarios)
- People v. Morales, 209 Ill. 2d 340 (2004) (conflict-free representation standard)
- People v. Spreitzer, 123 Ill. 2d 1 (1988) (per se conflict framework)
- People v. Lawson, 163 Ill. 2d 187 (1994) (per se conflict categories guiding analysis)
- People v. Enoch, 146 Ill. 2d 44 (1991) (prior representation of State’s witness not per se unless contemporaneous)
- People v. Flores, 128 Ill. 2d 66 (1989) (distinguishable prior witness representation in per se conflict)
- People v. Washington, 101 Ill.2d 104 (1984) (entity assisting prosecution concept related to per se conflicts)