408 Ill. App. 3d 684
Ill. App. Ct.2011Background
- Defendant April Haynes was convicted after a jury trial of resisting a police officer and attempting to obstruct justice.
- Defendant’s arrest occurred after she refused to cooperate and resisted officers attempting to handcuff her during a traffic incident in Lansing, Illinois.
- Video and testimony showed multiple officers used force, including a Taser, to restrain her; five officers were involved before she was handcuffed behind her back.
- Her son Lance Dudley drove the car into a pole; Lance did not have a driver’s license, and Haynes had claimed she was the driver before admitting otherwise during transport.
- She was sentenced to 1 year of conditional discharge and 15 days of community service, and a $5 court system fee was imposed; appellate review followed with modifications, and the Supreme Court ordered reconsideration in light of Thompson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not requesting a self-defense instruction | Haynes argues evidence shows excessive force by officers | Haynes contends self-defense instruction warranted | No reversible error; instruction not warranted under evidence presented. |
| Whether Rule 431(b) was violated by failing to question all Zehr principles | State should have questioned Bradley on all Zehr principles | Rule 431(b) requires sua sponte questioning of Zehr principles; failure to do so is error | No plain error; no demonstrated juror bias; ordinary error not excused. |
| Whether the court-imposed $5 court system fee was proper under 5-1101(a) | Fee applies only to violations under Vehicle Code or municipal ordinance | Defendant was convicted of resisting arrest/obstructing justice, not Vehicle Code offenses; fee should be vacated | Vacated the $5 fee; affirmed judgment as modified. |
Key Cases Cited
- People v. Sims, 374 Ill.App.3d 427 (2007) (self-defense instruction when officers’ excessive force suggested)
- People v. Wicks, 355 Ill.App.3d 760 (2005) (no self-defense instruction where defendant resisted from outset)
- People v. Jones, 175 Ill.2d 126 (1997) (entitlement to self-defense instruction requires some foundation)
- People v. Lampley, 405 Ill.App.3d 1 (2010) (Rule 431(b) duty to question Zehr principles sua sponte)
- People v. Thompson, 238 Ill.2d 598 (2010) (plain-error review for Rule 431(b) violations; bias required to satisfy prong)
- People v. Zehr, 103 Ill.2d 472 (1984) (Zehr principles of juror understanding and acceptance)
- People v. Piatkowski, 225 Ill.2d 551 (2007) (plain-error standard for Rule 431(b) violations)
- People v. Herron, 215 Ill.2d 167 (2005) (plain-error framework and bias assessment)