Davis Receive free daily summaries of new opinions from the Supreme Court of Illinois. Enter your email. People v. Davis Annotate this Case. Judge Presiding.
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A person who participates in a football game implies consent to a certain amount Asszult physical contact; however, the Aseault is not deemed to consent to contact beyond what is commonly permitted in the sport. The case had been thoroughly prepared; the husband and the daughter had been interviewed at the start by Attorney Lewin and he knew what each of them was going to say. Learn how AI is being used in jjudge today. Sometimes Sadies beaver is defined loosely Assault and batter judge witlow include battery. When a Second Request is issued what matters most is time. He was sentenced last week to 40 to years in prison for assaults at Michigan State University and his home and was ordered in December to spend 60 years in a federal prison for child pornography crimes. The District Attorney asked that the case Assault and batter judge witlow continued for trial so that they could bring the daughter in. Because assault and battery are classified as violent crimes, their sentences tend to be rather harsh. There is an exception to this rule for the attempted battery type of criminal assault. Legal podcasts. They are also intentional civil wrongs for which the party attacked may file a suit for damages. The Judge agreed that that was a good idea. Assault requires some act that would put a reasonable person in fear for their safety. The privilege to defend one's property is more limited than that of self-defense because society places a lesser value on property than Online gambling bust nyc the integrity of human beings.
Mobley failed to represent or assign a special prosecutor to his case against white S chool B oard member Jean Shackelford.
- He later apologized, saying he had lost control.
- Two separate offenses against the person that when used in one expression may be defined as any unlawful and unpermitted touching of another.
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Davis Receive free daily summaries of new opinions from the Supreme Court of Illinois. Enter your email. People v. Davis Annotate this Case. Judge Presiding. On appeal, defendant challenges only his hate crime conviction. For the reasons that follow, we affirm.
Each had one drink at the bar before leaving. Whitlow is an African-American, while Henry is Caucasian. Whitlow testified that, as the two friends exited Joe Bailey's, he was confronted in the parking lot by an unknown person, later identified as the defendant, who yelled, "Nigger, I am going to kick your black ass.
Why don't you get the f--k away from me, man. Whitlow "awoke" in his own bed at approximately a. He had huge bumps across his forehead and blood was coming out of his ears and nose. He had a "big chip" out of his nose, a "big gash" out of his chin, and his left arm was immobile.
Whitlow went to the emergency room, where he found that he had a rock imbedded in his nose and his skull was fractured. A resident placed his arm in a sling and advised Whitlow to "follow up" with a specialist. Whitlow sustained scarring to his nose and damage to his rotator cuff, which required him to see a physical therapist on a weekly basis.
Henry testified that he was walking four or five paces behind Whitlow in the parking lot when he observed someone approach from the alleyway. The parking lot was well-lighted and Henry had no trouble seeing Whitlow. The approaching man, identified later as defendant, was "yelling and screaming stuff that was incomprehensible.
Defendant then said, "I'm going to kick your black fing ass. As Henry attempted to intervene, defendant's companion, codefendant Matthew Soraghan Soraghan , hit him in the face and ribs, knocking him to the ground. Soraghan said, "What are you doing with a nigger?
Don't you know that it's St. Patrick's day? Defendant proceeded to repeatedly between 5 and 15 times kick Whitlow in the head, face, ribs and arm. Henry screamed, "Man, he's killing him Patrons began to come out of Joe Bailey's and the two men fled. Henry described Whitlow's condition as "a bloody mess. The police arrived 20 minutes later and an ambulance shortly thereafter, although apparently Whitlow declined treatment.
On cross-examination, Henry testified that defendant had been standing in the parking lot "doing gyrations" for about 30 seconds before there was actual physical contact. After Whitlow had been rendered unconscious, defendant slipped and fell, hitting his head on a parked car. At no time did Whitlow swing at or hit defendant. Detective Robert Petit testified that he administered defendant's line-up on March 18, , six days after the assault.
He noticed that defendant's eye was bruised and his upper forehead was cut. Both Whitlow and Henry identified defendant. Officer McSharry testified that he responded to the call of a disturbance at Joe Bailey's and received information from Henry and Whitlow that they were attacked for no apparent reason and that they had fought back during the attack.
Soraghan testified that he was overseeing a Budweiser promotion at Joe Bailey's on the night in question. Defendant, a friend of Soraghan's, was also at the bar.
Defendant was escorted out of the bar by a bouncer after one or more female patrons complained of receiving unwanted advances. Soraghan followed defendant outside, where he observed defendant standing in the parking lot roughly 40 yards away. Defendant was approached by Whitlow and Henry, and Soraghan heard "vulgarities" and racial slurs exchanged, including, "F--k you white boy," and "F--k you nigger, I'll kick your ass.
Whitlow then struck defendant in the head with a beer bottle. Soraghan separated defendant and Whitlow and observed that defendant was "covered in blood" and had glass fragments in his hair. Soraghan told defendant to meet him at Bruebaker's bar, approximately two blocks away. Defendant's testimony indicated that the altercation was precipitated by Whitlow's comment, upon seeing defendant in the parking lot, "Talk about a dumb mother f--ker.
Soraghan pulled defendant off Whitlow and told him to meet him at Bruebaker's bar. Defendant sustained several facial lacerations that did not receive medical attention.
A passing police car stopped defendant and gave him a ride to the 22nd district station, where he called a friend to take him home.
In rebuttal, Guillermo Ibarra Ibarra , a busboy employed at Joe Bailey's, testified that as he escorted a waitress to her car, he observed two white men leave the restaurant, followed a short time later by a black man and a white man. The black man and the white man were laughing.
Ibarra heard defendant say, "What are you laughing at? Defendant punched Whitlow and kicked him in the head and midsection. Whitlow was rendered unconscious. Defendant did not appear to be injured. The trial court found defendant guilty of aggravated battery and hate crime. The court's finding was based on resolving the credibility issues against defendant.
Defendant now appeals the conviction for hate crime, alleging that the evidence was insufficient to prove him guilty of that crime beyond a reasonable doubt. The most recent amendment to the hate crime statute upgraded the offense from a Class A misdemeanor to a Class 4 felony, in addition to adding the words "actual or perceived" to encompass situations in which the perpetrator directs his hate crime against a person he believes to be a person of a particular race, color, religion, etc.
Section The hate crime statute has recently survived constitutional challenge on grounds of freedom of expression, due process and equal protection. See In re Vladimer P, Ill. Mitchell, U. No cases, however, have examined in detail the issue of proof beyond a reasonable doubt -- basically, what words and conduct constitute a hate crime. On review, a criminal conviction will not be set aside on the grounds of insufficient evidence unless the proof is so improbable or unsatisfactory that there remains a reasonable doubt of the defendant's guilt.
Stanciel, Ill. The relevant question is whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Kitchen, Ill. There is no doubt that defendant perpetrated a battery upon Whitlow.
However, whether he did so "by reason of" Whitlow's race is less clear. There is very little precedent dealing with hate crime and its predecessor, ethnic intimidation.
A look to other jurisdictions, however, indicates that hate crime convictions are generally the result of more extreme or premeditated racial animus then may be present in the instant case.
See People v. MacKenzie, 34 Cal. Superior Court Aishman , 32 Cal. There goes a white boy; go get him," before the group beat a white year-old causing brain damage ; Richards v. State, So. Got a job? Boat people You niggers down here playing music and keeping me up ; Dobbins v. State, Md. Prisinzano, N. In an Illinois decision, two black teenagers were picked up by Chicago police officers while waiting for a bus following a night White Sox game and were driven to a "white neighborhood" where they were attacked by a group of white teenagers shouting, "Let's get those niggers" and "Niggers don't belong in our neighborhood.
Johnston, Ill. In the case at bar, the only explicit reference to racial animus or motivation was defendant's comment, "Watch it nigger, I'll kick your ass," or "F--k you nigger, I'll kick your ass. Defendant had five beers in less than an hour, had just been expelled from the bar after a "problem" with a female patron, and claims to have believed Whitlow and Henry were laughing at him.
Moreover, Ibarra testified to defendant's question, "What are you laughing at? Finally, neither Whitlow nor Henry told the responding officer that the attack was racially motivated. This case may be, as defendant suggests, an aggravated battery that is transformed into a hate crime by reason of the spoken word "nigger.
These observations aside, we rule to affirm defendant's conviction. The trial court specifically found that defendant and codefendant Soraghan were not credible witnesses. The court found further that Ibarra'a testimony "corroborated" Whitlow's. The evidence indicates that defendant attacked, and seriously injured, Whitlow after uttering a racial slur. Moreover, even assuming that defendant's decision to initially confront Whitlow and Henry was based on his perception that the two were mocking him, defendant directed his words and assault at Whitlow, an African-American, rather than his white companion.
Viewing this evidence in the light that most favors the prosecution, we cannot say that defendant did not assault Whitlow "by reason of his race. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law.
During the course of that hearing, the defense asked the woman about the alleged assault, and Russo took over questioning and things took a turn for the inappropriate:. Very similar to a class H felony battery, Class E felony battery is defined a battery committed with intent to cause great bodily harm and results in great bodily harm to another. In all cases, the infliction of an unreasonable amount of harm will vitiate the defense. Our experienced Massachusetts trial lawyers are also available for consultation after hours and on weekends. Free Consultation: An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states. Persons with authority in certain relationships, such as parents or teachers, may use force as a disciplinary measure, provided they do not exceed the scope of their authority.
Assault and batter judge witlow. Definitions
Mobley failed to represent or assign a special prosecutor to his case against white S chool B oard member Jean Shackelford. Whitaker, who is black, said his case was treated differently from the assault allegation made by a white female prosecutor last year against Portsmouth attorney Sterling H. Weaver Sr. On Jan. Tayloe Jr. The allegation arose after a School B oard meeting in November. Mobley requested a special prosecutor for the case against Weaver. His office declared a conflict in Whitaker's case but did not request a special prosecutor.
Whitaker represented himself in court last week. Bill Prince, spokesman for Mobley's office, said the allegations against Weaver were more serious in that Weaver was accused of grabbing the throat of another prosecutor. Weaver has said he never made physical contact with her and declined to comment on Whitaker's comments. Prince also said Mobley's office declared a conflict in Whitaker's case because it involved two locally elected officials and because prosecutors felt the case had no merit.
Whitlow for selecting Tayloe as the substitute judge in the case, arguing that Tayloe and Shackelford were neighbors more than 20 years ago. Whitlow declined to comment on the Shackelford case, but he pointed out that once judges recuse themselves, as he did, the clerk of the general district court lines up a substitute judge. Already have digital access? Log in. Print subscriber? Activate digital access. Skip to content.
By jen mccaffery. Shackelford, I would have been in jail," Whitaker said. Latest News. Tropical Storm Pablo closer to Europe than the U. Hundreds gather at Tabb High School to remember students who died in crash. King tide equals high tide in Norfolk. These maps by ODU show what they look like in Teens are studying the lost art of conversation at this secular homeschool co-op in Virginia Beach. Federal judge protects jurors by keeping them anonymous, then protects defendants by not saying why.
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