People v. McCarter
352 Ill. Dec. 635
| Ill. App. Ct. | 2011Background
- McCarter was convicted by a bench trial of murder, aggravated kidnapping, armed robbery, aggravated vehicular hijacking, and concealment of homicidal death.
- Body of Tyree Bias found in a burned car; Bias had a gunshot wound and died at the scene.
- Lakesha Johnson and Jamie and Ernest McCarter provided or related incriminating statements; Johnson’s prior inconsistent statement was admitted under 115-10.1 and later recanted at trial.
- Trial evidence included Johnson’s memorialized statement, testimony from Jimerson and Ernest McCarter, and corroborating details from a third witness, Vanessa Jackson.
- The appellate court reversed the armed robbery conviction for lack of corpus delicti evidence, vacated count VIII (aggravated kidnapping based on armed robbery) and remanded for judgment on a different aggravated kidnapping count; reversed the aggravated vehicular hijacking conviction for lack of proof that Bias’s car was dispossessed; affirmed murder and concealment convictions; remanded for sentencing as to the remaining aggravated kidnapping count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Armed robbery corpus delicti proven beyond reasonable doubt | McCarter argues robbery evidence was only from Johnson’s hearsay statement | McCarter contends there was insufficient independent evidence of robbery | Armed robbery corpus delicti not proven; reversal and remand warranted |
| Admissibility of Lakesha Johnson’s prior inconsistent statement | State argues admissible under 115-10.1 and corroborative witnesses support guilt | Defense asserts improper hearsay and improper lay opinion; ineffective assistance claim | Admission of non-personal-knowledge portions was improper; plain error/ineffective assistance claim successful for armed robbery; prejudice shown |
| Whether asportation was incidental to murder for aggravated kidnapping | State contends aggravation properly based on asportation | Defense contends asportation incidental to murder | Asportation not incidental; aggravated kidnapping affirmed (subject to remand for proper count) |
| Taking element of aggravated vehicular hijacking proven | State contends Bias’s car was taken by force/possession in his presence | Strickland-like argument that taking can be shown by control without dispossession | Taking element not proven; aggravated vehicular hijacking reversed |
| Concealment of homicidal death sufficiency and indictment scope | Indictment supported concealment elements; body concealment inferred | Claims indictment surplusage and insufficiency of proof | Conviction affirmed; indictment surplusage not fatal; no reversal of concealment |
Key Cases Cited
- People v. Logan, 352 Ill.App.3d 73 (Ill. App. 2004) (reaffirmed credibility determinations when prior statements corroborate trial testimony)
- People v. Charleston, 47 Ill.2d 19 (Ill. 1970) (set aside conviction when evidence is so unsatisfactory as to raise reasonable doubt)
- People v. Smith, 185 Ill.2d 532 (Ill. 1999) (reversed where key witness credibility questions undermined reliability)
- People v. McCarter, 385 Ill.App.3d 919 (Ill. App. 2008) (discussed admissibility of Johnson’s statements under 115-10.1 and credibility of witnesses)
- People v. Cole, 172 Ill.2d 85 (Ill. 1996) (approved analysis of whether kidnapping was independent of the other offense)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (established two-prong test for ineffective assistance of counsel)
- People v. Albanese, 104 Ill.2d 504 (Ill. 1984) (adopted Strickland standard in Illinois)
- People v. Wingate, 54 Ill.App.3d 1 (Ill. App. 1978) (not cited as key authority; referenced for credibility principles)