The fact that the trial court did a more thorough job of analyzing the issues than did this court speaks well of Judge Toomin's abilities. 18-2(a)), and concealment of a homicidal death (Ill.Rev.Stat.1987, ch. He was 53 years old. Citations are also linked in the body of the Featured Case. According to Cummings, defendant stated that Sheila Daniels shot McCoy in the back of his head while McCoy was seated in his car in his garage. The trial court's ruling with respect to a motion to quash a subpoena will not be reversed unless the trial court's finding of fact was manifestly erroneous. All rights reserved. On remand, the trial court allowed the State to use the other two statements that the appellate court had not addressed. Although the OPS report citing police misconduct at Area 2 has been brought to light since the time defendant and her brothers were questioned there, that does not alter the fact that defendant did not raise the issue of police brutality as a basis for suppression until years later. 143, 706 N.E.2d 1017. Her parents were never married. This new evidence consisted of a report from OPS and transcripts of testimony from other alleged victims of abuse. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. In this appeal, he contends that he was deprived of his right to effective assistance of counsel because his trial counsel (1) allegedly failed to effectively present his motion to suppress statements; (2) allegedly failed to effectively argue the applicable law regarding accountability; (3) successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels, a codefendant; and (4) allegedly refused to permit him to testify at trial. * * * She said, just tell him the truth. As to the scope of the subpoenas, the defendant in Hinton sought only the complaints of excessive force made against the detectives who were identified in the defendant's case. 9-1(a)), armed robbery (Ill.Rev.Stat.1987, ch. Learn more about FindLaws newsletters, including our terms of use and privacy policy. It is undisputed that the person or persons who made the entries on the records defendant attempted to have admitted at trial did not testify. Issues (1) and (2) will be considered in published portions of this opinion and issues (3) and (4) will be determined in unpublished portions of this opinion. Defendant was not hit or struck or in any manner mistreated during his interrogation. David Ray Mccoy was killed by his girlfriend of 10 years, Sheila Daniels, and her brother, Tyrone. According to reports, sadly, he was brutally murdered in 1988, and his daughters were left fatherless. 447, 548 N.E.2d 1003 (1989). what happened to marko ramius; a bittersweet life full movie eng sub kissasian After reciting the testimony at the hearing, we concluded as follows: Defendant's motion to suppress was denied. David's death shocked many of his business associates as he spoke fondly of Daniels, and the two had been together for over ten years. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. Their beloved father was a paraplegic who was also a wellestablished Southside Chicago businessman. She asserts their testimony constitutes new evidence, which bars application of the law of the case doctrine. 256, 637 N.E.2d 992 (1994) (Hobley I), and People v. Hobley, 182 Ill.2d 404, 231 Ill.Dec. There are variousreports of the motive behind McCoys murder. When asked on direct whether the records reflect and relate to the injuries that [defendant had] already testified [she] sustained in the incident with Ray McCoy, defendant responded, Yes.. Another was where the defendant had been acquitted of some charges, thereby precluding him from seeking appellate review of the trial court's rulings. Defendant did not assert this as a ground for suppressing her statement until her first amended motion before Judge Urso. Defendant admitted this but said that her brother Anthony had stolen it from her and she gave the detectives his address. The trial court responded that the records were not available and instructed the jury to continue deliberating. 493, 412 N.E.2d 1075 (1980). Daniels was sentenced Tuesday to the maximum term of 80 years--the same sentence she received after her first trial--for firing the first and fatal shot. She alleged that during her interrogation, officers engaged in conduct calculated to psychologically and physically coerce her into making admissions as to her involvement in McCoy's murder, including exhibiting her brother Tyrone to her. window._taboola = window._taboola || []; placement: 'Right Rail Thumbnails', See People v. Chengary, 301 Ill.App.3d 895, 897, 235 Ill.Dec. Daniels had confessed to shooting McCoy, her live-in boyfriend and a paraplegic. 594, 789 N.E.2d 768) and reconsider our decision in light of the holdings in People v. Crespo, 203 Ill.2d 335, 273 Ill.Dec. Defendant then wiped all fingerprints off Sheila's gun and left it in the car by McCoy, locking all the doors of the car, which he left there. On January 23, 1997, defendant filed her Reoffered Second Amended Motion to Quash Arrest and Suppress Statements, which was identical to her second amended motion to suppress. She alleged that police informed her that they would continue beating Tyrone and might even subject her to physical cruelty unless she made admissions relating to her involvement in McCoy's murder. During argument on defendant's motion, defense counsel argued that new evidence, that being testimony from defendant's brothers, was now available. Similarly, in Hinton, this court rejected the defendant's argument that the postconviction court erred in quashing his subpoenas requesting any complaints involving excessive force against the officers identified in the defendant's case. [People v. Henderson, 36 Ill.App.3d 355, 370, 344 N.E.2d 239 (1976).] memorial page for David Ray McCoy (6 Mar 1935-13 Nov 1988), Find a Grave Memorial ID 52651554, citing Cedar Park Cemetery, Calumet Park . The court in Taylor held that once a suppression order is entered, it may be reconsidered or appealed, but a second hearing on the merits may not be held. In the present cause, the order was to quash an arrest and suppress evidence, period. 267, 480 N.E.2d 153 (1985). Defendant has cited no authority in support of this claim and it is therefore waived. David Ray McCoy was an American businessman and millionaire. Daniels. 767, 650 N.E.2d 224. Defense counsel specifically asked Detective Cummings whether there was "anything in any of Mr. Daniels' statements that would lead you to believe that Tyrone Daniels did anything to aid, assist or participate with Sheila Daniels in any way until after Sheila Daniels had shot Mr. McCoy," to which Cummings answered, "No." After hearing the testimony and the arguments of counsel, the court denied defendant's motion, finding that the police had probable cause to arrest defendant and that defendant's statements were not coerced by the police, but rather were voluntarily given. Owned motels and nightclubs in Chicago. In reliance upon Cannon, Patterson and King, defendant argues the OPS report constitutes new evidence, entitling her to a hearing on her reoffered amended motion to suppress. (People v. Dredge (1986), 148 Ill.App.3d 911, 913, 102 Ill.Dec. 721, 399 N.E.2d 1010); however, in this case, trial counsel presented what amounted to the most viable basis to support the motion to suppress. Defendant then took the gun away from his sister and put it in his pocket. The police told him that if he did not cooperate his sister might get the death penalty. 98. If this court did not previously consider a legal issue, and rule upon it, there can be no law of the case which successor Judge Urso should have heeded. (Emphasis in original.). As for the voluntariness of her confession, Judge Toomin, citing People v. Dodds, 190 Ill.App.3d 1083, 138 Ill.Dec. He testified that the gun found near McCoy's body was eventually traced to Sheila Daniels, who, when questioned by the police, told them that defendant had killed McCoy; later, she led the police to defendant's apartment. Father of actress LisaRaye McCoy. 82, 502 N.E.2d 345 (1986). Judge Toomin then cited several cases supporting his holding and found that defendant's testimony was incredible. As pointed out earlier, this is an entirely new theory raised by defendant after the denial of her first motion to suppress and affirmance on appeal of that denial. People v. Patterson, 154 Ill.2d 414, 468, 182 Ill.Dec. Based upon the foregoing, we find that, based upon defendant's assertions of error, defendant was not denied effective assistance of trial counsel. Counsel further explained that Anthony's testimony, which Judge Toomin had precluded at the previous hearing, would also be presented. Defendant makes much about the fact that the jury wanted to review the medical records, arguing that because the jurors were denied access to the records, they probably believed defendant was lying about the beating and therefore, convicted her for that reason. That fact alone distinguishes defendant's case from the Greenspawn case where the X-ray technician had testified as to the authenticity of the X-rays. The Jones court subsequently found this error did not require reversal. The order was affirmed on appeal. Defense counsel explained that Tyrone, who would have asserted his fifth amendment privilege against self-incrimination at defendant's first trial, would testify at a subsequent hearing. Defendant lastly argues that defense counsel improperly refused to allow him to testify. The court found that there was no evidence that the defendant had sustained injuries consistent with his claim of police brutality. The police picked Anthony up based on defendant's utterly false story. In her statement to the polygraph operator, defendant said Tyrone had the gun and he shot McCoy. at 2362-63, 147 L.Ed.2d at 455. The testimony presented established that Sheila Daniels and her daughter lived with McCoy. In a separate bench trial, defendant's brother, Tyrone Daniels, was also convicted of first degree murder in connection with McCoy's death. They reportedly then drove McCoys body in his Cadillac to the alley and left him thereso sad. According to Chicago Tribune, three of McCoys other daughters, Jehlan, Morgan, and Cynthia, believe Daniels killed their father because she found out he was about to cut her out of his will. Working through a trace of the gun used in the murder, police returned to defendant's house on November 17, 1988, to question her again about McCoy's death and some telephone logs the police had acquired. Our supreme court held that the new evidence did not alter its determination on direct appeal that the defendant did not suffer injuries consistent with his claims of abuse. When he asked who it was, the police identified themselves and told him to open the door and let them in. Specifically, defendant contends that his trial counsel failed to effectively present his motion to suppress; failed to effectively argue the applicable law regarding accountability; successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels; and refused to permit him to testify at trial. The Jones court relied heavily on the holding in People v. Enis, 163 Ill.2d 367, 206 Ill.Dec. Sheila Daniels, 41, first convicted in 1990, was. Judge Toomin cited several cases which supported his holding and made extremely detailed findings of fact. In People v. Cannon, 293 Ill.App.3d 634, 227 Ill.Dec. If a court of review has decided a legal issue then the successor judge may rely upon that ruling as settled law, and, in the absence of a change in the law by a still higher court, or new factual basis, apply it to the case before him or her. See People v. Lucas, 132 Ill.2d 399, 417-18, 139 Ill.Dec. In response, the City moved to quash the subpoenas on the grounds that the materials requested were irrelevant and confidential and that the subpoenas were the result of speculative fishing expeditions. Alternatively, the City requested an in camera inspection of the documents and the issuance of a protective order in the event the subpoenas were not quashed. See People v. Golden, 342 Ill.App.3d 820, 277 Ill.Dec. 38, par. The court also found that probable cause existed after defendant spoke with the polygraph operator and admitted knowledge of the murder. The PEOPLE of the State of Illinois, Plaintiff-Appellee, 154, 704 N.E.2d 727 (1998). Likewise, during closing argument, defense counsel argued that nothing in defendant's statements indicated that he had any knowledge of Sheila's intent to shoot McCoy or in any way "aided, assisted, abetted, or [was] otherwise involved in this.". The supreme court cited two facts which have been found to be special circumstances supporting a trial court's decision to hold new de novo hearings on motions to suppress after remand. While other reports suggest that Daniels killed himafter the two had an argument at their home over a high electric bill. In connection with the motion to suppress, defendant filed two subpoenas duces tecum upon the City, requesting, inter alia, the production of all documents relating to disciplinary complaints against any of the officers at Area 2 who were expected to be called as witnesses at her trial. While this court in Daniels I did not provide an analysis of our holding affirming the trial court's denial of defendant's motion to suppress based on fifth and sixth amendment grounds, we certainly addressed the legal issue raised by defendant and we rejected it. We disagree with defendant's position that Judge Toomin did not rule on the fifth amendment aspects of her first motion to suppress. This court affirmed Justice Toomin's denial of defendant's motion to suppress and therefore addressed defendant's fourth and fifth amendment rights. In resentencing defendant upon remand, we would point out to the trial court that this defendant had no convictions prior to committing this offense. His girlfriend and her brother were the ones convicted of the murder. Patterson, 192 Ill.2d at 138-45, 249 Ill.Dec. Viewing the matter in terms of the doctrine of law of the case, there is no bar to the trial court conducting a new hearing. 108, 744 N.E.2d 841] (2001)].. 552, 500 N.E.2d 445.) Defendant directs us to the testimony at her second trial where Lt. Phillip Cline of the Chicago police department was asked on redirect why on November 12 and 17 of 1988, he did not advise defendant of her Miranda warnings. She later filed her reoffered motion to suppress, which was also denied. Defendant maintains that had his attorney argued that his psychological state of mind was such that he would have done anything Sheila had told him to do, his motion to suppress his statement as involuntary would have been granted. (See People v. Majer (1985), 131 Ill.App.3d 80, 86 Ill.Dec. After discussing the fourth amendment issue, Judge Toomin continued: The other ground that the court notes from the motion is centered in both the 5th and 6th Amendments alleging a denial of her right to have an opportunity to consult with counsel, coupled with repeated questioning of her over a long period of time during which she was allegedly held incommunicad [o] *** and also that her will was overborne and she was impliedly coerced by the detective involved here., After a very lengthy recitation of defendant's testimony at the evidentiary hearing, Judge Toomin specifically said that defendant testified she was questioned repeatedly, though she asked to call Edward Vrdolyak [sic] who she considered to be her attorney.. There are various reports of the motive behind McCoy's murder. iloveoldschoolmusic.com. The fact that this court affirmed that holding in the manner that we did shows that we considered the same issues and came to the same conclusion. McCoy, 53, a self-made millionaire and bon vivant, was found dead in the back seat of his black Cadillac on Nov. 12, 1988. Afterwards, defendant was interviewed by the assistant State's Attorney and gave substantially the same version. A jury of nine women and three men returned a verdict of. We further note that there was credible evidence in the record that the deceased was an abusive domestic partner, indicating the existence of mitigating factors under sections 5-5-3.1(a)(4) and (a)(8) of the Unified Code of Corrections. (1) On appeal, with one justice dissenting, this court ruled, inter . After the defense rested, the State objected to the admission of the medical records into evidence, on the ground that a proper foundation had not been laid. Wilson v. Clark, 84 Ill.2d 186, 192, 49 Ill.Dec. The trial court disagreed and dismissed the petition. 457, 133 L.Ed.2d 383 (1995), her original motion to suppress would have been granted. 453, 685 N.E.2d 908 (1997). Click on the case name to see the full text of the citing case. Therefore, based upon the facts before us, we find that Judge Urso did not err in refusing to grant defendant a second hearing on her motion to suppress based upon new evidence. McCoy was found shot to death on November 13, 1988 in the back seat of his Cadillac, which was parked in a Southside Chicago alley. [Editor's Note: Text omitted pursuant to Supreme Court Rule 23. Defendant was clearly aware that she had seen Tyrone and he had been injured. The trial court overruled the objection, stating that defendant could look at the records while testifying, but could not read from them. 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. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. 64, 762 N.E.2d 633 (2001), the first trial court granted the defendant's motion to quash arrest and suppress evidence on the ground that the defendant had been arrested without probable cause. 304, 745 N.E.2d 78 (2001); People v. Chanthaloth, 318 Ill.App.3d 806, 816, 252 Ill.Dec. 592, 610 N.E.2d 16. In a motion to cite additional authority filed after oral arguments were heard in this case, defendant cited the recent holding in People v. Jones, 315 Ill.App.3d 500, 504, 248 Ill.Dec. In his first appeal, the defendant did not challenge the trial court's pretrial denial of his motions to quash arrest and suppress evidence. 321, 696 N.E.2d 313. Her time was divided between her father and her mother and grandmother and thus . 1000, 688 N.E.2d 693. Accordingly, the judgment of the circuit court of Cook County is affirmed in part, vacated in part and this case is remanded for resentencing. The facts in the instant case do not begin to arise to the level of the evidence presented by the defendant in Hinton. A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. Further, there is no credible evidence in this record that the defendant's will was overborne ***.. 830, 420 N.E.2d 147 (1981); Proesel v. Myers Publishing Co., 48 Ill.App.2d 402, 404, 199 N.E.2d 73 (1964). But if the legal issue has never been presented to a trial court and a hearing conducted thereon, and/or if the court has never issued a ruling on the precise legal issue then the doctrine of the law of the case simply cannot be applied because, in reality, there is no law of the case to apply. In addition, Cummings testified that, at 4 a.m. in the police station, after he had been advised of his rights, defendant initially denied involvement in McCoy's murder. Her brother, Tyrone, was convicted and is serving a 60-year sentence for shooting McCoy twice more to make sure he was dead. v. Defense counsel argued that the necessity and/or sufficiency of Miranda warnings had not been previously raised. Crespo, 203 Ill.2d at 348-49, 273 Ill.Dec. Accordingly, we find that defendant was not denied effective assistance of counsel due to his attorney successfully obtaining the admission of Sheila's statement. This court also rejected the State's argument that because the first trial judge did not address the issues of attenuation or independent basis, the second trial judge was not precluded from considering these issues. He was born on March 6, 1935 in Pearl River County, Mississippi, United States to Jesse McCoy (1897-1967) and Violee Byrd McCoy (1901-1991). 9-3.1(a)); he was subsequently sentenced 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. The supreme court affirmed this denial, stating, The defendant could have raised these arguments in his first appeal, and his failure to do so justified the trial court's refusal to reconsider its rulings, under principles of collateral estoppel. Enis, 163 Ill.2d at 386, 206 Ill.Dec. Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Margaret J. Faustmann and Clare T. McEnery, of counsel), for plaintiff-appellee. However, she did not attempt to call Tyrone at the hearing on her motion. 509, 554 N.E.2d 444. The sequence of events relating to the arrests of Anthony and Tyrone as recited in Daniels I, 272 Ill.App.3d at 333-34, 208 Ill.Dec. In doing so, we relied upon the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. david ray mccoy sheila daniels chicago. See People v. Bourke (1992), 223 Ill.App.3d 732, 166 Ill.Dec. 698, 557 N.E.2d 468.) In People v. Hinton, 302 Ill.App.3d 614, 236 Ill.Dec. Consequently, Judge Toomin did not allow Anthony to testify during the hearing on that motion. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Dr. Kalelkar stated, however, that if the bullet wound to the back of the neck was fired first, McCoy would have died instantly and thus, would have been dead at the time the two gunshot wounds to his forehead were inflicted. The proffered testimony of Tyrone and Anthony was included with the motion, substantiating the allegations of abuse contained in defendant's motion. *, concur. As the defendant in the instant case objected to her sentence in the circuit court and on her direct appeal, we apply a harmless error analysis. Sheila and her brother Tyrone were both found guilty; Sheila was sentenced to 80 years in prison and Tyrone to 60 years. 20, 595 N.E.2d 83 (1992). In the original motion filed after remand, defendant stated that some time after 11:30 p.m. on November 17, 1988, officers showed defendant her brother Anthony, who at the time was handcuffed to a wall in the police station. Defendant's present assertion that he was influenced and coerced by his sister is not borne out by the record. In general, under the law of the case doctrine, a rule established as controlling in a particular case will continue to be the law of the case, provided the facts remain the same. As for Anthony, the police picked him up after defendant falsely implicated him as being involved in the homicide. Hinton, 302 Ill.App.3d at 622, 236 Ill.Dec. David was a successful businessman and owned many hotels and nightclubs. 1 On appeal, with one justice dissenting, this court ruled, inter alia, that the trial court did not err in denying defendant's Applying this logic to the case before us, we reject appellate counsel's assertion that where neither a trial court nor a court of review has considered a legal issue, the law of the case doctrine is inapplicable to that issue. She was born to a Chicago city bus driver mother Nadine Brewer and businessman father David Ray McCoy. Tyrone did not testify at defendant's motion to suppress. Appellate Court of Illinois, First District, Second Division.https://leagle.com/images/logo.png. In Thompson, the Supreme Court held that a state court's determination as to whether a suspect was in custody while being interrogated for purposes of Miranda was not entitled to a statutory presumption of correctness during federal habeas corpus review, but was a mixed question of law and fact warranting independent review by a federal habeas court. After defendant allowed the police entry, he was told to get up against the wall and to drop the blanket which he had wrapped about his naked body. of first-degree murder against Sheila Daniels, 41, late Monday . Defendant acknowledges that the support for his contention is not contained in the record, but he raises the error "so as to present defendant's ineffective assistance of counsel claim in it's (sic) proper perspective," promising to file a post-conviction petition raising this issue. There followed a lengthy recitation of the testimony at the evidentiary hearing on the motion to suppress. 64, 762 N.E.2d 633. The trial court found that the defendant waived the issue of his allegedly coerced confession by failing to raise it on direct appeal. Thereafter, defendant drove McCoy's car to an alley near McCoy's place of business, with Sheila following in her own car. The record, however, does not support the contention that defendant was influenced to a great extent by his sister. See Greenspawn, 346 Ill. at 491, 179 N.E. On direct examination, defendant testified to an incident that occurred in May of 1980 where McCoy had pistol whipped her about the head with a gun while the two sat in a car. McCoys then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoys murder in 1990. The fact that Lt. Cline was of the opinion that defendant was not under arrest and not in custody does not alter the fact that Judge Toomin applied the proper test and concluded that her admissions to police were admissible. She testified that she told him to sign the papers so they could go home but Tyrone refused. The reason the evidence is new is that Tyrone would have invoked his fifth amendment right against self-incrimination had he been called to testify at defendant's motion to suppress.