2016 IL App (1st) 140511
Ill. App. Ct.2016Background
- On June 30, 2007 Pierre Jordan was shot to death in an apartment-complex parking lot; Thadieus Goods was charged with first-degree murder and personally discharging a firearm. Codefendants included Ronnell and Torrey Hansbrough and Tina Robinson.
- Goods gave a videotaped statement admitting presence, describing fear of Jordan (who he said had a gun and posed a threat), saying he obtained a Russian 9mm and shot Jordan after Ronnell struck Jordan and Jordan fell; the State also introduced physical evidence of multiple guns and casings. The jury convicted Goods of first-degree murder and personally discharging a firearm.
- At trial defense counsel attempted to assert compulsion but the court barred that defense (relying on Illinois precedent and statute language excluding murder); counsel did not request jury instructions for self-defense or second-degree murder despite arguing fear in closing.
- Post-trial Goods argued ineffective assistance for failure to request self-defense instructions, and sought to present mitigation at sentencing via in camera testimony from an ASA (Goods had cooperated in an unrelated matter and feared being labeled a snitch); the trial court denied the in camera request and sentenced Goods to 65 years.
- The appellate court reversed and remanded for a new trial, holding counsel was ineffective for failing to request self-defense/second-degree instructions supported by some evidence, and discussing the trial court’s improper refusal to consider in camera mitigation when good cause (safety) was shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not requesting self-defense and second-degree murder instructions | Counsel reasonably pursued compulsion/other strategy; evidence did not support self-defense | Trial counsel mistakenly believed compulsion ban precluded self-defense and therefore failed to request applicable instructions despite some evidentiary support | Reversed: counsel was deficient and prejudice shown under Strickland; new trial ordered |
| Whether the court erred by barring compulsion as a defense | Compulsion unavailable to murder defendants under Illinois law and statute language | Defense urged compulsion as affirmative defense; court should have allowed evidence related to fear | Court properly barred compulsion (compulsion not available for first-degree murder under precedent) |
| Whether denial of in camera mitigation hearing denied a fair sentencing process | No statutory authority to hold sentencing mitigation in camera; public-trial presumption controls | Goods showed good cause (cooperation/snitch label, prior jail assault) and sought in camera testimony to protect safety | Appellate court criticized trial court refusal; found good-cause standard supports in camera consideration and protective procedures may be warranted on remand |
| Whether the 65-year sentence was excessive | Sentence supported by heinous facts and extensive criminal history | Argued mischaracterization of history and denial of mitigation harmed sentencing fairness | Appellate court did not resolve excessiveness because conviction reversed; addressed sentencing issue for future proceedings and remanded |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- Waller v. Georgia, 467 U.S. 39 (public-trial guarantee; closure requires overriding interest and narrow tailoring)
- Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (standards for closure of public proceedings)
- People v. Gleckler, 82 Ill. 2d 145 (compulsion not available as defense to murder)
- People v. Washington, 2012 IL 110283 (self-defense instruction and mandatory second-degree instruction when supported)
- People v. Serrano, 286 Ill. App. 3d 485 (failure to request an instruction consistent with argued defense can be ineffective assistance)
- People v. Gonzalez, 385 Ill. App. 3d 15 (counsel arguing a theory but failing to request corresponding instruction may be deficient)