People v. Moore
987 N.E.2d 442
Ill. App. Ct.2013Background
- Defendant Tamar Moore was convicted after a bench trial of two counts of AUUW and one count of unlawful use of a weapon by a felon.
- The State based charges on police testimony that Moore possessed a loaded and concealed handgun in public while a felon.
- Sergeant Saladino and Officer Millan testified they observed Moore at the scene; Moore allegedly dropped a handgun and kicked it under a bush.
- Millian recovered a loaded semiautomatic pistol from the bush; the officers approached and secured group members.
- Defendant challenged the sufficiency of the evidence and credibility of the officers’ testimony, arguing dropsy concerns.
- Moore also challenged the constitutionality of the AUUW statute under the Second Amendment, referencing Heller and McDonald.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Moore’s actions were believable and the officers’ testimony credible. | Officers’ testimony was inherently unbelievable and perjurious. | Evidence could support guilt beyond a reasonable doubt. |
| Second Amendment challenge to AUUW | AUUW violates the Second Amendment as interpreted by Heller and McDonald. | AUUW bans fall outside felon protections and restricts carry in public; constitutionally infirm. | AUUW constitutional; felon status supports upholding conviction. |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (1991) (fleeing defendant may discard contraband)
- United States v. Ryerson, 545 F.3d 483 (7th Cir. 2008) (disposition of contraband during pursuit)
- People v. Comage, 241 Ill. 2d 139 (2011) (credibility and dropsy concerns addressed)
- In re M.F., 315 Ill. App. 3d 641 (2000) (throwing bags toward street upon police knock and announce)
- People v. Ash, 346 Ill. App. 3d 809 (2004) (definition of dropsy testimony)
- Heller v. District of Columbia, 554 U.S. 570 (2008) (self-defense and home handgun right)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (grounding incorporation of Second Amendment to states)
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (Seventh Circuit deemed AUUW unconstitutional as interpreted; persuasive but non-binding)
- People v. Aguilar, 408 Ill. App. 3d 136 (2011) (limits of Second Amendment rights outside home not extended)
- People v. Evans, 209 Ill. 2d 194 (2004) (sufficiency review standard for criminal convictions)
- Stansberry, 47 Ill. 2d 541 (1971) (precedent on constitutional challenges to firearm statutes)