Burrell does not challenge the Illinois Appellate Court's factual findings in his petition. The court, therefore, adopts the facts set forth in People v. Burrell, 228 Ill. App.3d 133, 136, 592 N.E.2d 453, 456 (1st Dist. 1992). A. Facts Presented at Trial
Illinois courts have found bloodstained police uniforms both inadmissable and admissible. In People v. Burrell, 228 Ill. App.3d 133 (1992), the trial court admitted two police officers' "bullet-marked and bloodstained uniforms" into evidence and allowed the uniforms to go the jury room during deliberations. On appeal, defendants maintained that the uniforms were irrelevant to contested issues at trial, and that, as police uniforms, they were "symbols charged with emotion."
A defendant's right to counsel is absolute and unqualified, but his right to counsel of choice is limited. People v. Burrell, 228 Ill. App. 3d 133, 141-42, 592 N.E.2d 453 (1992). The exercise of the right to choice of counsel may be denied if it will unduly interfere with the administration of justice.
ยถ 58 In his pro se petition, defendant argued that "the medical reports, photographs taken of Vicari at the hospital and the testimony of the witnesses adequately supplied any facts the [S]tate intended to prove by display of the vest and radio" and, thus, "the viewing of the vest and radio had no probative value, and it could only excite the jury's emotions concerning the shooting of a police officer." In support, defendant cited People v. Burrell , 228 Ill. App. 3d 133, 170 Ill.Dec. 17, 592 N.E.2d 453 (1992), in his petition. In Burrell , the defendant had argued that "he was denied a fair trial when, over defense objection, the police officers' bullet-marked and blood-stained uniforms were sent to the jury room during deliberations."
It is within the trial court's discretion to determine whether the defendant's right to selection of counsel unduly interferes with the orderly process of judicial administration. People v. Burrell, 228 Ill. App. 3d 133, 142, 592 N.E.2d 453 (1992). A determination of the issue turns on the particular facts of each case.
"It is within the discretion of the trial court to determine when the defendant's right to select counsel unreasonably interferes with the orderly process of judicial administration." People v. Burrell, 228 Ill.App.3d 133, 142 (1992) (citing People v. Spurlark, 67 Ill.App.3d 196, 197 (1978)). A determination of the issue turns on the particular facts of each case.
(Emphasis added.) Id. (quoting People v. Burrell , 228 Ill. App. 3d 133, 142, 170 Ill.Dec. 17, 592 N.E.2d 453 (1992) ). Factors include:
Id. (quoting People v. Burrell, 228 Ill.App.3d 133, 142 (1st Dist. 1992)). The relevant factors include:
Even if the mugshots were not admissible, there is no need for a new trial unless the defendant is prejudiced. People v. Burrell (1992), 228 Ill. App.3d 133, 144, 592 N.E.2d 453; People v. Greer (1980), 79 Ill.2d 103, 117, 402 N.E.2d 203. Although the mugshots were probative of the issue of identification, it would have been preferable to have cropped the police information from them.
A criminal defendant has a constitutional right to counsel (U.S. Const., amend. VI; Ill. Const. 1970, art. I, ยง 8) but the right to choice of counsel is not absolute. People v. Barrow (1989), 133 Ill.2d 226, 252, 549 N.E.2d 240; People v. Myles (1981), 86 Ill.2d 260, 268, 427 N.E.2d 59; People v. Volkman (1992), 235 Ill. App.3d 888, 893, 601 N.E.2d 1179; People v. Burrell (1992), 228 Ill. App.3d 133, 141-42, 592 N.E.2d 453. A defendant has the right to be represented by retained counsel of his own choosing but does not have a right to choose appointed counsel.