People v. Getter
26 N.E.3d 391
Ill. App. Ct.2015Background
- Defendant Quincy Getter fatally shot Eric Stephens and wounded Ronald Funches during an exchange on Feb. 2, 2010; Teneshia Hooper witnessed.
- Charges included first-degree murder (Stephens), attempted murder (Stephens), aggravated battery with a firearm (Funches), and aggravated discharge of a firearm (Hooper).
- At trial, self-defense was argued; three offenses received self-defense instructions, but aggravated discharge of a firearm did not.
- The jury acquitted on three counts with self-defense instructions and convicted on the aggravated discharge count lacking self-defense instructions.
- Defense did not tender or object to a self-defense instruction for the aggravated discharge count; trial court accepted the State’s instructions without self-defense for that count.
- Appellate court held the omission was plain error and counsel ineffective, reversed and remanded for a new trial on aggravated discharge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omitting self-defense instruction for aggravated discharge was error | Getter if self-defense applies to Hooper; error in missing instruction. | Omission misled jury; violated due process. | Yes; omission was error. |
| Whether the error rises to plain error under Rule 451(c) | Error significant enough to affect fairness. | No plain error due to trial dynamics. | Yes; plain error established. |
| Whether trial counsel was ineffective for not challenging or tendering the self-defense instruction | Counsel failed to protect defense theory. | Strategy or oversight. | Yes; ineffective assistance.” |
Key Cases Cited
- People v. Wells, 110 Ill. App. 3d 700 (1982) (self-defense instruction missing on related counts reversed)
- People v. Berry, 99 Ill.2d 499 (1984) (lack of self-defense instruction prejudicial where issue central)
- People v. Thurman, 104 Ill.2d 326 (1984) (instructions lacking self-defense for related counts reversible)
- People v. Huckstead, 91 Ill.2d 536 (1982) (curative effect of general self-defense instruction; multi-count context discussed)
- People v. Ogunsola, 87 Ill.2d 216 (1981) (essential principles of fair trial; jury not misled by missing defense)
- People v. Sargent, 239 Ill.2d 166 (2010) (second-prong plain error analysis for instructional omissions)
- People v. Green, 225 Ill.2d 612 (2007) (necessity to instruct on lack of justification; burden on State)
- Sargent (hearsay), 239 Ill.2d 166 (2010) (plain-error framework for jury instruction issues)