People v. Carruthers

33 Citing cases

  1. People v. Caldwell

    39 Ill. App. 3d 1 (Ill. App. Ct. 1976)   Cited 14 times
    In Caldwell, the defendant argued that the State failed to comply with its continuing duty to disclose by not informing the defendant about a conversation which took place between the assistant State's Attorney and a State's witness on the second day of voir dire.

    • 1 The effect of Rule 234 as it then existed was to place the primary duty of conducting voir dire examination upon the trial court, subject to a reasonable opportunity by the parties to supplement such examination. ( People v. Carruthers (1974), 18 Ill. App.3d 255, 260.) From the early case of Donovan v. People (1891), 139 Ill. 412, up until the time of the 1975 amendment of Rule 234, the defendant had the right to question the veniremen directly. It was pointed out in People v. Lobb (1956), 17 Ill.2d 287, 301, that Donovan was based on an earlier Michigan case, and Michigan had since changed to allow the judge, in his discretion, to conduct the entire examination, and that selection of an impartial jury did not require that the parties be permitted to examine; however it has been held that direct questioning by the parties was not to be prohibited entirely. People v. Carruthers (1974), 18 Ill. App.3d 255, 261; People v. Willis (1975), 26 Ill. App.3d 518, 527; People v. Etten (1975), 29 Ill. App.3d 842, 845.

  2. People v. Smith

    127 Ill. App. 3d 622 (Ill. App. Ct. 1984)   Cited 37 times
    In People v. Smith, 127 Ill. App.3d 622, 469 N.E.2d 634 (1984), we held that the court committed harmless error by not allowing impeachment of a hearsay statement that was admitted for the truth of its assertions under a hearsay exception.

    ( Griffin v. California (1965), 380 U.S. 609, 615, 14 L.Ed.2d 106, 110, 85 S.Ct. 1229, 1233; People v. Burton (1969), 44 Ill.2d 53, 56, 254 N.E.2d 527.) If, however, defense counsel comments on defendant's failure to testify and offers an explanation for this failure, the defense has thereby invited the prosecution to refute defense counsel's explanation for defendant's failure to take the stand. (See People v. Ivery (1979), 72 Ill. App.3d 158, 161, 390 N.E.2d 608; People v. Conner (1976), 42 Ill. App.3d 234, 239, 355 N.E.2d 662; People v. Carruthers (1974), 18 Ill. App.3d 255, 266-67, 309 N.E.2d 659; see also People v. Eddington (1983), 117 Ill. App.3d 953, 963, 453 N.E.2d 1383; People v. Hasting (1978), 56 Ill. App.3d 724, 726, 372 N.E.2d 702.) In Conner, defense counsel in closing argument commented on his failure to call defendant to testify.

  3. People v. Hasting

    372 N.E.2d 702 (Ill. App. Ct. 1978)   Cited 6 times

    • 2 While a prosecutor normally may not comment on an accused's failure to testify, such comment may be proper when that area has been opened to fair comment by the accused's first directing the jury's attention to it himself. People v. Bolton (3d Dist. 1976), 35 Ill. App.3d 965, 343 N.E.2d 190; People v. Conner (1st Dist. 1976), 42 Ill. App.3d 234, 355 N.E.2d 662; People v. Carruthers (1st Dist. 1974), 18 Ill. App.3d 255, 309 N.E.2d 659. • 3 The prosecutor's comments in the present case were clearly in response to arguments previously made by defense counsel.

  4. People v. Flemming

    47 Ill. App. 3d 755 (Ill. App. Ct. 1977)   Cited 10 times

    The general rule with regard to reputation testimony is that the character of an accused is provable only by evidence of general reputation, and the personal opinion of the witness is not competent evidence as to the character of the accused. People v. Lyons (1954), 4 Ill.2d 396, 122 N.E.2d 809; People v. Carruthers (1st Dist. 1974), 18 Ill. App.3d 255, 309 N.E.2d 659. • 13 Defendant Scales offered the testimony of a witness to establish her reputation as being a peaceful and nonviolent person.

  5. People v. Conner

    42 Ill. App. 3d 234 (Ill. App. Ct. 1976)   Cited 9 times
    In Conner, the evidence the jury believed showed the defendant approached within 10 to 15 feet of police officers who were arresting his brother, removed his jacket to reveal an empty shoulder holster, and threatened to kill the police officers if his brother was not released.

    See People v. Finney (1967), 88 Ill. App.2d 204, 232 N.E.2d 247, cert. denied, 392 U.S. 936, 20 L.Ed.2d 1394, 88 S.Ct. 2304. • 3 People v. Carruthers (1974), 18 Ill. App.3d 255, 309 N.E.2d 659, which involved circumstances nearly identical to the instant case, held that where defense counsel raises the subject of defendant's failure to testify he thereby opens the subject to fair comment. We agree.

  6. People v. Etten

    331 N.E.2d 270 (Ill. App. Ct. 1975)   Cited 16 times
    In People v. Etten (1975), 29 Ill. App.3d 842, 331 N.E.2d 270 cert. denied (1976), 425 U.S. 994, L.Ed.2d 818, 96 S.Ct. 2207, it was held that testimony concerning defendant's failure to answer a question may be waived by a failure to object.

    Although the foundations of the Donovan case have been questioned ( People v. Lobb, 17 Ill.2d 287, 301, 161 N.E.2d 325, 333), it appears that direct questioning of prospective jurors is not to be prohibited entirely. ( People v. Carruthers, 18 Ill. App.3d 255, 261-262, 309 N.E.2d 659, 664-665.) Illinois has not yet adopted the Federal rule regarding voir dire.

  7. People v. McClellan

    331 N.E.2d 292 (Ill. App. Ct. 1975)   Cited 4 times

    However, it has been repeatedly held that "direct questioning of prospective jurors by the parties or their attorneys during voir dire examination is not to be totally prohibited." People v. Turner, 27 Ill. App.3d 239, 326 N.E.2d 425, citing Lobb; also People v. Carruthers, 18 Ill. App.3d 255, 309 N.E.2d 659; Street v. Finney, 9 Ill. App.3d 638, 292 N.E.2d 553. See also People v. Willis, 26 Ill. App.3d 518, 325 N.E.2d 715.

  8. People v. Turner

    27 Ill. App. 3d 239 (Ill. App. Ct. 1975)   Cited 9 times

    • 2 Supreme Court Rule 234 (Ill. Rev. Stat. 1973, ch. 110A, par. 234) states: "The judge shall initiate the voir dire examination of jurors * * *. * * * The parties or their attorneys shall be allowed a reasonable opportunity to supplement such examination, * * *." In People v. Carruthers (1974), 18 Ill. App.3d 255, 309 N.E.2d 659, we held that direct questioning of prospective jurors by the parties or their attorneys during voir dire examination is not to be totally prohibited. ( People v. Lobb (1959), 17 Ill.2d 287, 161 N.E.2d 325; Street v. Finney (1973), 9 Ill. App.3d 638, 292 N.E.2d 553.) However, we also held in Carruthers that no prejudicial error occurs in the selection of jurors by such procedure where there is no evidence that thereby defendant's attorney [was] "prevented from discovering any fact or reason why a prospective juror might be biased or lack the essential qualifications for service as a juror in the case."

  9. Lincoln v. Commonwealth

    217 Va. 370 (Va. 1976)   Cited 29 times
    In Lincoln, the issue was whether the trial court erred in refusing to give a jury instruction regarding the credibility of convicted felons.

    United States v. Hephner, 410 F.2d 930, 935 (7th Cir. 1969), United States ex rel. Miller v. Follette, 397 F.2d 363 (2nd Cir. 1968), cert. denied, 393 U.S. 1039 (1969); Babb v. United States, 351 F.2d 863, 867-868 (8th Cir. 1965); Adair v. State, 51 Ala. App. 651, 653, 288 So.2d 187, 190 (1973); People v. Burns, 270 Cal.App.2d 238, 247, 75 Cal.Rptr. 688, 693 (1969); People v. Boyden, 251 Cal.App.2d 798, 800, 60 Cal.Rptr. 271, 272 (1967); People v. Davenport, 240 Cal.App.2d 341, 346-7, 49 Cal.Rptr. 575, 578-579 (1966); Kurtz v. People, 494 P.2d 97, 106 (Colo. 1972); People v. Carruthers, 18 Ill. App.3d 255, 266-7, 309 N.E.2d 659, 668 (1974); State v. Sage, 162 N.W.2d 502, 504 (Iowa 1968); State v. Ergenbright, 84 N.M. 662, 665, 506 P.2d 1209, 1212 (1973); State v. Paris, 76 N.M. 291, 299, 414 P.2d 512, 518 (1966); Gaddis v. State, 447 P.2d 42, 48 (Okla. Cr. 1968); Tilford v. State, 437 P.2d 261, 267 (Okla.

  10. People v. Wilson

    257 Ill. App. 3d 670 (Ill. App. Ct. 1993)   Cited 44 times
    Holding that evidence in the second trial was substantially the same as that in the first trial, thus allowing application of the doctrine

    The prosecution's statement in response, that Sims was the only witness that the jury had heard from, was therefore invited by defense counsel's statement. (See People v. Lyles (1985), 106 Ill.2d 373, 478 N.E.2d 934; People v. Smith, 127 Ill. App.3d at 632-33; People v. Carruthers (1974), 18 Ill. App.3d 255, 267, 309 N.E.2d 659 ("defendant may not predicate error on a response by the prosecutor which he himself provoked").) Finally, even if the prosecutor's statement was improper, there was no greater prejudice flowing from his remark than that which may have resulted from defense counsel's own comment.