People v. Sims

2 Analyses of this case by attorneys

  1. IL: Def arrested in bedroom w/o PC at 5:20 am should have all evidence from arrest suppressed

    Law Offices of John Wesley HallJohn Wesley HallDecember 12, 2016

    “Probable cause to arrest exists where the facts and circumstances known to the police officer at the time of the arrest are sufficient to warrant a person of reasonable caution to believe that an offense had been committed and that the offense was committed by the person arrested.” People v. Sims, 192 Ill. 2d 592, 614 (2000). Plutz, Kivisto, and Siegel testified that they went to [**35] defendant’s residence in the early morning hours of October 29 because they were looking for Escutia.

  2. Capital Defense Weekly, June 4, 2001

    Capital Defense NewsletterJune 3, 2001

    hat aggravating factors include any other reason supported by the evidence why defendant should be sentenced to death. The prosecutor argued to the jury that one such reason was the identical factor that the jury was instructed was mitigating, i.e., defendant's lack of a prior criminal history. Sentencing jurors cannot be expected to engage in a meaningful process of weighing aggravation and mitigation when they are given such irreconcilable directions. Such a misstatement of the law in closing argument is improper, particularly where, as here, the legal principle misstated is a critical one in the case. See People v. Holman, 103 Ill. 2d 133, 170 (1984).After reviewing the entire closing argument, we conclude that these improper remarks by the State were so inflammatory that defendant could not have received a fair sentencing hearing, or were so flagrant as to threaten deterioration of the judicial process and necessitates the vacatur of defendant's death sentence. See People v. Sims, 192 Ill. 2d 592, 637 (2000).B. "Five Free Murders"Defendant also asserts that he was deprived of a fair death sentencing hearing when the trial prosecutors argued that, if the jury voted not to impose the death penalty, they would be giving defendant five free murders. We agree.During the State's opening argument, a trial prosecutor argued:"If you do not sentence him to death he will be sentenced to life in prison without parole, unless, of course, some governor down the road grants an order of executive clemency.Life without parole is the minimum sentence in this case. He does not deserve the minimum sentence for killing four children and three adults.The law in Illinois is that if you kill two people you go to jail for life without parole. He killed seven people. If you do not sentence him to death that will be giving him five freebies.Which five ladies and gentlemen? The Frausto family? The five who are above the age of five? Which five?The minimum sentence would be like grounding him, sending him to his room