People v. Gatlin
2017 IL App (1st) 143644
| Ill. App. Ct. | 2017Background
- On March 17, 2014 defendant George Gatlin was charged in two separate Cook County cases arising from the same February 23, 2014 incidents: case No. 14 CR 4615 (aggravated battery and unlawful restraint as to Migdalia Castro) and case No. 14 CR 4616 (robbery, aggravated battery, unlawful restraint as to Chauncey Roberts).
- At arraignment the court informed Gatlin he had a right to a jury trial in both cases; he acknowledged knowing what a jury trial is.
- The State elected to proceed on case No. 14 CR 4616 and, on September 30, 2014, Gatlin executed a written jury-waiver form and orally waived a jury for case No. 14 CR 4616; the waiver form referenced only 14 CR 4616.
- The State moved to join the two cases the same day; the trial court granted joinder over defense objection and proceeded immediately to a combined bench trial without separately admonishing Gatlin or obtaining a written/express waiver for 14 CR 4615.
- The court convicted Gatlin of aggravated battery in both cases and sentenced him to concurrent four-year terms; he appealed arguing defective jury waivers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gatlin knowingly and understandingly waived his right to a jury in case No. 14 CR 4616 | State: colloquy, Gatlin’s affirmative answers, and signed written waiver show a knowing waiver | Gatlin: colloquy was cursory and failed to confirm understanding or voluntariness | Court: Waiver for 14 CR 4616 was valid (affirmed) |
| Whether the waiver for 14 CR 4616 applied to the separately filed case 14 CR 4615 after joinder | State: prior admonishment at arraignment, counsel’s conduct and joinder imply waiver applied to both cases | Gatlin: written waiver and colloquy only referenced 14 CR 4616; no contemporaneous waiver or admonition for 14 CR 4615 | Court: Waiver did not extend to 14 CR 4615; conviction reversed and remanded for new trial |
Key Cases Cited
- Bannister v. People, 232 Ill. 2d 52 (Illinois Supreme Court) (trial court must ensure jury-waiver is made expressly and understandingly)
- Bracey v. People, 213 Ill. 2d 265 (Illinois Supreme Court) (prior waiver does not automatically carry to a later, separate trial; silent acquiescence insufficient)
- Frey v. People, 103 Ill. 2d 327 (Illinois Supreme Court) (circumstances may show waiver for multiple counts where record shows defendant and counsel intended bench trial for all charges)
- Sebag v. People, 110 Ill. App. 3d 821 (Illinois Appellate Court) (waiver invalid where defendant pro se and not advised of meaning; contrasts with represented, experienced defendants)
- People v. Turner, 375 Ill. App. 3d 1101 (Appellate Court) (defendant’s criminal history can support inference of familiarity with jury-right and waiver ramifications)