People v. Heller
2017 IL App (4th) 140658
| Ill. App. Ct. | 2017Background
- Alan W. Heller was charged (Jan 2014) with domestic battery and aggravated domestic battery for allegedly grabbing and strangling his girlfriend, Tracy Shults; a separate methamphetamine charge was later dismissed.
- The State filed a motion under 725 ILCS 5/115-7.4 to admit other-crimes evidence of a prior domestic assault by Heller against his ex-wife, Barbara (Jan 2010); the trial court granted the motion after a hearing.
- At trial Shults recanted her out-of-court statements but the prosecution played her recorded police interview in which she described being choked and struck; photographs of her neck/chest were admitted and an officer observed marks.
- Barbara testified about the 2010 incident: Heller allegedly climbed on top of her, punched her repeatedly, threatened her, and injured her (photos of her hospitalized face were admitted).
- The jury convicted Heller of domestic battery (felony based on prior convictions) but acquitted him of aggravated domestic battery; he was sentenced to 4½ years in prison and various fines and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict of domestic battery | Recorded statement and impeachment of Shults plus Barbara’s testimony and photos support conviction | Shults’s recantation made her statements untrustworthy; other-crimes testimony was prejudicial | Conviction upheld; viewing evidence in light most favorable to State, jurors could credit prior statements and other-crimes evidence aided proof |
| Admissibility of other-crimes evidence under 115-7.4 | Other-crimes evidence of prior domestic violence is admissible to show any relevant matter (including propensity) if probative value outweighs prejudice | Admission was an abuse of discretion; differences between incidents made evidence improper | No abuse of discretion; incidents were sufficiently similar (positioning, motive, location, timing) and probative value justified admission |
| Scope and presentation of other-crimes evidence (prejudice/mini-trial) | State properly limited presentation to necessary facts and argued the evidence in opening/closing | State focused excessively on prior crime; photographs and testimony made other-crimes evidence unduly prejudicial | No reversible error; evidence was not cumulative to an extent creating unfair prejudice; defendant had acquiesced to photos being sent to jurors |
| Jury limiting instruction on other-crimes evidence | Instruction should permit jury to consider admitted other-crimes evidence for relevant purposes (including propensity) | Trial court’s agreed instruction limited jury to considering only factual similarity and proximity, which was incorrect | Instruction was legally incorrect but defendant had acquiesced to it at trial, forfeiting appellate review; ineffective-assistance claim unsuitable on direct appeal |
| Fines/fees and presentence credit | Defendant entitled to $5/day credit against fines and some fees were inapplicable (e.g., Clerk Fee) | Some assessments are fees not subject to credit; Clerk Fee authorized by statute for county size | Court properly applied $300 credit only to eligible fines; Clerk Fee valid under 705 ILCS 105/27.1a |
Key Cases Cited
- People v. Lucas, 231 Ill. 2d 169 (due process requires proof beyond a reasonable doubt)
- People v. Smith, 185 Ill. 2d 532 (single witness testimony can support conviction)
- People v. Thomas, 354 Ill. App. 3d 868 (recanted statement may suffice for conviction)
- People v. Wheeler, 226 Ill. 2d 92 (standard of review for sufficiency of evidence)
- People v. Dabbs, 239 Ill. 2d 277 (115-7.4 permits other-domestic-violence evidence for any relevant matter, including propensity)
- People v. Brown, 319 Ill. App. 3d 89 (danger of cumulative other-crimes evidence and undue prejudice)
- People v. Thigpen, 306 Ill. App. 3d 29 (limits on sending inflammatory other-crimes photos to jury)
- People v. Tolliver, 363 Ill. App. 3d 94 (circuit clerk automation/storage fee characterized as fee)
- People v. Donoho, 204 Ill. 2d 159 (abuse-of-discretion standard for other-crimes evidence)
- People v. Illgen, 145 Ill. 2d 353 (difficulty in deciding how much other-crimes evidence is too much)
- Stephens v. Taylor, 207 Ill. 2d 216 (party cannot claim error after inducing or acquiescing in the trial court’s action)
- In re Marriage of Sobol, 342 Ill. App. 3d 623 (forfeiture by consent to action at trial)
- People v. Downs, 2015 IL 117934 (forfeiture of jury-instruction error without timely objection)