People v. Laabs
957 N.E.2d 1259
Ill. App. Ct.2011Background
- Defendant Mitchell L. Laabs was charged as a principal with felony murder for the May 31, 2007 killing of Darrell Little during a robbery,” the State relied on a principal theory that Laabs personally shot Little.
- Four accomplices testified but were given favorable plea deals and pled to attempted armed robbery, not felony murder.
- Accountability was discussed at trial but not charged as a theory; the parties agreed accountability would not be instructed.
- During closing, defense questioned the accomplices’ credibility and suggested others could have committed the shooting; the State withdrew accountability in closing.
- The trial court later instructed accountability in response to a jury question after deliberations had begun, which the jury then used in deliberations, and Laabs was convicted of felony murder.
- Laabs appeals, arguing due process was violated by the post-deliberation accountability instruction and that the sentence was excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-deliberation accountability instruction violated due process | Laabs (People) | Laabs argues the instruction was a new theory after deliberations began, denying him closing argument opportunities | Reversed; error not harmless; new trial required |
| Whether the accountability instruction prejudiced the defense given the evidence | People contend evidence supported accountability | Laabs contends the theory was improperly injected and prejudiced the defense | Reversed; instructional error deemed prejudicial |
| Whether the sentence was excessive is moot given reversal | Laabs | Laabs seeks reduction if conviction stands | Not reached; case remanded for new trial |
Key Cases Cited
- Millsap v. People, 189 Ill.2d 155 (2000) (mandatory: court may not submit new theory after deliberations; no harmless error for accountability instruction)
- People v. Jamison, 207 Ill.App.3d 565 (1991) (reinforces Millsap: cannot introduce accountability after jury begins deliberations)
- People v. Wilson, 312 Ill.App.3d 276 (2000) (similar facts; accountability instruction after deliberations violated due process; invited error insufficient to excuse)