People v. Gatlin
2017 IL App (1st) 143644
| Ill. App. Ct. | 2017Background
- Defendant George Gatlin was charged in two separate but related cases from the same incident on Feb 23, 2014: case No. 14 CR 4615 (aggravated battery and unlawful restraint involving Migdalia Castro) and case No. 14 CR 4616 (robbery, aggravated battery, and unlawful restraint involving Chauncey Roberts).
- At arraignment the court told defendant he had a right to a jury trial in both cases; months later the State elected to proceed on 14 CR 4616 and that case was set for bench trial.
- On Sept 30, 2014, in case 14 CR 4616 defendant orally waived a jury and signed a written jury waiver that expressly referenced only 14 CR 4616.
- After that waiver, the State moved to join the two cases; the court granted the joinder over defense objection, trial counsel did not request continuance, and a combined bench trial began immediately.
- The court convicted Gatlin of aggravated battery in both cases and sentenced him to concurrent four-year terms; on appeal Gatlin argued (1) the jury waiver was not knowingly made and (2) any valid waiver applied only to 14 CR 4616, not 14 CR 4615.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant knowingly and understandingly waived his right to a jury trial in case 14 CR 4616 | State: Waiver valid — court asked defendant about jury, he said he understood, he signed a written waiver, and his criminal history shows familiarity with the system | Gatlin: Court’s colloquy was too cursory; admonishments didn’t probe understanding or voluntariness | Held: Waiver in 14 CR 4616 was valid (trial court satisfied duty; no error) |
| Whether the waiver in 14 CR 4616 extended to case 14 CR 4615 after the cases were joined | State: Waiver applied — prior admonishments, same incident, same witnesses, and counsel’s conduct implied consent | Gatlin: Written waiver and colloquy only referenced 14 CR 4616; no contemporaneous waiver or admonishment for 14 CR 4615 | Held: Waiver did not extend to 14 CR 4615; silent acquiescence insufficient — conviction for 14 CR 4615 reversed and remanded for new trial |
Key Cases Cited
- People v. Bracey, 213 Ill. 2d 265 (Ill. 2004) (a jury waiver in a prior trial does not automatically carry over to a later retrial; silent acquiescence is insufficient)
- People v. Bannister, 232 Ill. 2d 52 (Ill. 2008) (trial court must ensure waiver is made knowingly and understandingly but need not use a specific formula)
- People v. Frey, 103 Ill. 2d 327 (Ill. 1984) (circumstances showing defendant’s awareness and counsel’s representations may support waiver for related counts)
- People v. Sebag, 110 Ill. App. 3d 821 (Ill. App. Ct. 1982) (waiver invalid where defendant unrepresented, not advised of jury-trial meaning, and unfamiliar with proceedings)
- People v. Turner, 375 Ill. App. 3d 1101 (Ill. App. Ct. 2007) (defendant’s criminal history can support inference of familiarity with rights and ramifications of waiver)