People v. Hayes
961 N.E.2d 311
Ill. App. Ct.2011Background
- Late-night shooting at Hole-N-Da-Wall club; Hayes charged with attempted murder and aggravated battery with a firearm regarding Morrissette and Wilson.
- Jury found Hayes guilty of aggravated battery with a firearm on Morrissette; acquitted on Wilson and the attempted murders.
- Self-defense theory argued by Hayes; State contends Hayes was aggressor and crime occurred as charged.
- Key witnesses: Bertha Morrissette (club owner), Morrissette (DJ; victim’s son), John Wilson (victim), Ozay McNeely (witness), Erica Teasley (defense witness).
- Forensic and corroborating evidence included gunshot residue tests on Hayes, a 9mm/.38 bullet fragment from Morrissette, and multiple gunshot wounds to Wilson’s foot.
- Hayes received a 10-year sentence; appellate review challenged sufficiency of evidence, trial counsel’s effectiveness, and prosecutorial closing remarks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated battery with a firearm | State evidence shows Hayes as aggressor; witnesses lied; self-defense contradicted | Hayes acted in self-defense; testimony corroborated by physical evidence | Sufficient evidence supports conviction; defendant cannot prevail on self-defense as aggressor |
| Ineffective assistance for not admitting violent-character evidence | Lynch rule permits such evidence to support self-defense | Counsel strategically chose theory; prejudice not shown | No reversible error; Strickland prejudice not shown |
| Prosecutor's closing remarks about Teasley statement | Remarks improperly emphasized Teasley’s statement | Argument within proper response to defense theory; not reversible | No reversible error; statements did not prejudice verdict |
| Credit/credibility determinations by jury | Jury should credit Hayes’s self-defense version over State witnesses | Jury could not adequately weigh inconsistent witness testimony | Jury credibility assessment supported; verdict not against the manifest weight of evidence |
Key Cases Cited
- People v. Jeffries, 164 Ill.2d 104 (1995) (self-defense elements and State must negate if self-defense claimed)
- People v. Tenney, 205 Ill.2d 411 (2002) (credibility and weighing of witness testimony)
- People v. Goliday, 222 Ill.App.3d 815 (1991) (credibility and self-defense)
- People v. Lynch, 104 Ill.2d 194 (1984) (admissibility of violent-character evidence for self-defense)
- People v. Cook, 352 Ill.App.3d 108 (2004) (admissibility of prior acts or disturbances to prove character)
- People v. Caldwell, 39 Ill.2d 346 (1968) (trial court discretion re: admission of evidence)
- People v. Panzer, 73 Ill.App.3d 1 (1979) (trial court discretion to admit statements to jury)