People v. Mars
2012 IL App (2d) 110695
| Ill. App. Ct. | 2012Background
- Mars was indicted in 2005 on one count of first-degree murder during the forcible felony of aggravated robbery.
- In 2007, the State added two counts (II and III) of first-degree murder based on attempted aggravated robbery and attempted robbery; all counts were ultimately presented to a single jury.
- Mars stabbed the taxi driver during a January 31–February 1, 2005 robbery, and the victim died from sepsis due to necrotizing fasciitis related to the arm wound.
- The medical evidence tied the death to the arm wound caused by Mars, with complex causal analysis about treatment delays and alleged gross negligence by Kenosha Memorial.
- Mars filed a pro se postconviction petition in 2011; the circuit court dismissed at first stage, including a non-notarized affidavit basis, and Mars appealed.
- The appellate court affirmed the first-stage dismissal, and rejected Mars’s strategic theories about appellate counsel’s effectiveness and the alleged speedy-trial/joinder issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for causation theory | Mars (appellant) contends appellate counsel failed to argue causation evidence | Mars argues appellate counsel erred by not raising causation issues (gross negligence as supervening cause) | No reversible error; causation theory meritless |
| Indictment and speedy-trial/joinder | Mars contends indictment issues should have been dismissed for compulsory joinder and speedy-trial violations | Mars asserts trial counsel should have raised joinder/speedy-trial issues on appeal | Issues forfeited; not raised in postconviction petition |
| Notarization as ground for dismissal | Mars argues lack of notarization should not sustain a first-stage dismissal | State urges affirmance on notarization grounds (but merits discussed anyway) | Court proceeded to merits; not necessary to resolve notarization ground |
Key Cases Cited
- People v. Hodges, 234 Ill. 2d 1 (2009) (three-stage postconviction review framework)
- People v. Gulliford, 86 Ill. App. 3d 237 (1980) (causation and intervening acts in homicide)
- People v. Brackett, 117 Ill. 2d 170 (1987) (intervening causes unrelated to defendant retain liability)
- People v. Turner, 2012 IL App (2d) 100819 (2012) (notarization not ground for first-stage dismissal)
- People v. Carr, 407 Ill. App. 3d 513 (2011) (notarization grounds for dismissal followed in some districts)
- People v. Meyers, 392 Ill. 355 (1945) (causation principles in homicide)