People v. Hammonds
354 Ill. Dec. 70
Ill. App. Ct.2011Background
- Hammonds was convicted by a jury on August 29, 2007, of delivering a controlled substance (cocaine) under 720 ILCS 570/401(d).
- Two-day trial featured undercover narcotics officers and a lab chemist who testified the seized substance tested positive for cocaine and weighed 0.1 gram.
- An undercover buy involved a prerecorded $10 bill; the $10 bill was not recovered from Hammonds.
- Police witnesses testified about radio transmissions describing the seller and events, which the defense argued were hearsay.
- A 2007 amendment to Illinois Supreme Court Rule 431(b) required voir dire about Zehr principles; Hammonds sought a new trial based on these issues.
- The appellate court ultimately affirmed Hammonds’ conviction, after vacating and reconsidering Hammonds in light of Thompson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Delivery instruction third paragraph validity | Hammonds argues paragraph 3 minimized State burden | Hammonds contends instruction was inappropriate | Not abused; paragraph 3 permissible |
| Admission of radio-message contents as hearsay | Defense claims radio messages are impermissible hearsay | Defense asserts non-hearsay or error to admit | Not reversible error; statements were nonhearsay or harmless under the circumstances |
| Rule 431(b) voir-dire obligation | Rule 431(b) required questioning; error occurred | No objection; error but not automatic reversal | Rule 431(b) error found but not plain-error reversible on this record |
| Timing of ruling on prior-convictions impeachment | Trial court should rule before defendant testifies | Non-preservation issue; Patrick controls | Not preserved; cannot be reviewed on appeal |
| Prosecutorial misconduct in rebuttal closing | Prosecutor’s rebuttal tested defense arguments | Remarks improperly influenced jury | Not reversible; comments were invited or harmless |
Key Cases Cited
- People v. Mohr, 228 Ill.2d 53 (2008) (abuse of discretion in jury instructions; de novo review for statutory questions)
- People v. Zehr, 103 Ill.2d 472 (1984) (four Zehr principles in voir dire require inquiry)
- People v. Thompson, 238 Ill.2d 598 (2010) (abrogates automatic reversal for Rule 431(b) errors; plain-error review)
- People v. Piatkowski, 225 Ill.2d 551 (2007) (plain-error review for unpreserved errors; framework for reversal)
- People v. Woods, 214 Ill.2d 455 (2005) (waiver/forfeiture rules; plain-error applicability)
- People v. Townsend, 275 Ill.App.3d 200 (1995) (radio dispatch admissibility when nonhearsay purpose shown)
- People v. Jura, 352 Ill.App.3d 1080 (2004) (hearsay and investigative-purpose use of radio messages; cautionary notes)
- People v. Edgecombe, 317 Ill.App.3d 615 (2000) (hearsay exceptions and investigative procedure context)