People v. Burrell

51 Citing cases

  1. U.S. ex rel Burrell v. Page

    No. 99 C 4980 (N.D. Ill. Mar. 14, 2001)   Cited 1 times

    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

  2. People v. Blue

    189 Ill. 2d 99 (Ill. 2000)   Cited 523 times   3 Legal Analyses
    Holding that garments of police officer โ€œtip the evidentiary scale from items that are merely useful to those that are aimed directly at the sympathies, or outrage, of the jury. These are not just bloody clothes, but the clothes of a police officer, which ... are uniquely โ€˜charged with emotion.โ€™ โ€

    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."

  3. People v. Antoine

    335 Ill. App. 3d 562 (Ill. App. Ct. 2002)   Cited 24 times
    Affirming Petitioner's convictions on direct appeal

    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.

  4. People v. Carlisle

    2019 Ill. App. 162259 (Ill. App. Ct. 2019)   Cited 26 times

    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."

  5. People v. Tucker

    382 Ill. App. 3d 916 (Ill. App. Ct. 2008)   Cited 37 times
    Holding that reversible error was committed and a new trial was required where the trial court failed to inquire into the circumstances and purposes of the defendant's desire to change lawyers, viewed in light of the right to retained counsel of one's choice being โ€œregarded as the root meaning of the constitutional guaranteeโ€ in the Sixth Amendment

    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.

  6. People v. Palacio

    2024 Ill. App. 5th 210011 (Ill. App. Ct. 2024)

    "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.

  7. People v. Jenkins

    2020 Ill. App. 172422 (Ill. App. Ct. 2020)   Cited 8 times
    In Jenkins, the defendant was appointed counsel at his arraignment and a few months later, the court held a Rule 402 conference.

    (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:

  8. People v. Harrison

    2022 Ill. App. 161172 (Ill. App. Ct. 2022)

    Id. (quoting People v. Burrell, 228 Ill.App.3d 133, 142 (1st Dist. 1992)). The relevant factors include:

  9. People v. Champs

    273 Ill. App. 3d 502 (Ill. App. Ct. 1995)   Cited 12 times
    Finding a pattern of strikes where the State used three of its five peremptory challenges against Black veniremembers

    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.

  10. People v. Robinson

    254 Ill. App. 3d 906 (Ill. App. Ct. 1993)   Cited 14 times
    Stating a prosecutor can reflect on witness's credibility: if based on facts in the record or fair inferences or if they are invited responses to defendant's comments made in closing

    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.