david ray mccoy sheila daniels chicago

Ill. Rev.Stat.1985, ch. The court then denied defendant's motion to suppress her oral and written statements. After hearing argument on the City's motion, the trial court quashed defendant's subpoena seeking photographs of the officers assigned to Area 2 at the time she was questioned there. 12, 735 N.E.2d 616 (2000), the defendant was convicted of two counts of murder committed during a forcible felony and was sentenced to death. 1, 670 N.E.2d 679 (1996), the defendant similarly alleged that he was entitled to an evidentiary hearing on his postconviction petition because of newly discovered evidence regarding Area 2 which disclosed a pattern of brutality directed at suspects in custody. Following closing arguments, the court found defendant guilty of first degree murder, armed robbery, and concealment of a homicidal death and later sentenced him to concurrent terms of 60 years' imprisonment for first degree murder, 20 years for armed robbery, and five years for concealment of a homicidal death. We do not dispute that a change in the law is an exception to application of the law of the case doctrine. The trial court's decision not to revisit a matter previously litigated in reliance upon the law of the case doctrine will not be reversed absent an abuse of discretion. She argues section 5-5-3.2(b)(2) of the Unified Code of Corrections (730 ILCS 5/5-5-3.2(b)(2) (West 1996)), which allowed the trial court to impose an extended sentence based upon his finding that the murder was accompanied by exceptionally brutal or heinous behavior, should have been decided by a jury, rather than the trial court. Judge Presiding. Under the harmless error analysis, the burden is upon the State to prove that the jury verdict would have been the same absent the error to avoid reversal. As we pointed out in Daniels I, defendant never asserted in her motion to suppress ruled upon by Judge Toomin that she confessed because she saw her brothers in a beaten condition. Owned motels and nightclubs in Chicago. David Ray Mccoy, who had been dating her for ten years, was killed by Sheila Daniels and her brother Tyrone. 18-2(a)), and concealment of a homicidal death (Ill.Rev.Stat.1987, ch. However, [i]n a criminal case, where one party is successful in contesting a pretrial order on appeal, reversal and remandment does not preclude the trial court from considering other issues originally raised in the pretrial proceedings but not finally determined by the appellate court on the merits. [People v. Feagans, 134 Ill.App.3d 252, 257, 89 Ill.Dec. The trial court denied the defendant's request for a new suppression hearing. Defendant further argues that because she had first-hand knowledge of the accuracy of the records, the trial court should have admitted them into evidence. Hobley subsequently filed a postconviction petition alleging that he had newly discovered evidence of police brutality at Area 2. 12, 735 N.E.2d 616. He was 52 years old at the time. In denying defendant's request for a hearing on her motion to quash arrest and suppress evidence, Judge Urso stated that the issues raised in the motion were properly litigated at the trial level and ruled upon by the appellate court. Judge Urso found that there was no new evidence nor were there exceptional circumstances warranting a hearing on the motion.

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