2012 IL App (1st) 102028
Ill. App. Ct.2012Background
- Defendant Demetrius Hill was convicted after a bench trial of unlawful use of a weapon by a felon and received a four-year sentence.
- On appeal, Hill challenges (i) ineffective assistance of counsel for failing to move to suppress a postarrest statement; (ii) sufficiency of the evidence regarding constructive possession of the gun; and (iii) the statute’s constitutionality under the Second Amendment.
- Police detained Hill roadside after stopping his vehicle, transported him to the Flournoy apartment, and later learned a shotgun was found there.
- The apartment search yielded a shotgun found under a bed, with Hill later admitting ownership; defense witnesses disputed Hill’s residence and access.
- The trial court found Hill guilty, and the appellate court remanded for a suppression hearing, addressing only the ineffective assistance claim and related suppression issues.
- On remand, the court will consider suppression and, if warranted, a new trial; otherwise, remaining issues may be reconsidered on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective for not filing a suppression motion? | Hill | Hill’s statement should have been suppressed | Yes; deficient performance remanded for suppression hearing |
| Was there sufficient evidence of constructive possession of the gun? | State | No knowledge/control as to the gun | Yes; rational jury could find constructive possession |
| Does the Second Amendment render the offense unconstitutional? | Hill | Statute violates Second Amendment | Not addressed on merits; remanded for suppression hearing first |
Key Cases Cited
- People v. Bew, 228 Ill. 2d 122 (Ill. 2008) (prejudice and Strickland test for ineffective assistance of counsel)
- People v. Patterson, 217 Ill. 2d 407 (Ill. 2005) (two-prong Strickland standard; prejudice required)
- Summers, 452 U.S. 692 (U.S. 1981) (limited authority to detain during search warrants; Summers rule)
- People v. Maxey, 2011 IL App (1st) 100011 (Ill. 2011) (detention for identification not always unlawful; Summers extension debated)
- People v. Hopkins, 235 Ill. 2d 453 (Ill. 2009) (probable cause/immediate search considerations)
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (vehicle stop constitutes seizure; Fourth Amendment analysis)
- Donath, 357 Ill. App. 3d 57 (Ill. App. 2005) (probable cause and search considerations for warrants)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance standard)