Marquita M. v. Marquita M.

• Decision Date: 13 June 2012
• Docket Number: No. 4–11–0011.,4–11–0011.
• Parties: In re MARQUITA M., a Minor, The People of the State of Illinois, Petitioner–Appellee, v. Marquita M., Respondent–Appellant.
• Court: United States Appellate Court of Illinois

2012 IL App (4th) 110011

970 N.E.2d 598

361 Ill.Dec. 232

In re MARQUITA M., a Minor,The People of the State of Illinois, Petitioner–Appellee,

v.Marquita M., Respondent–Appellant.

No. 4–11–0011.

Appellate Court of Illinois, Fourth District.

June 13, 2012.

Michael J. Pelletier, State Appellate Defender, Karen Munoz, Deputy Defender, Catherine K. Hart, Asst. Appellate Defender, Office of the State Appellate Defender, Springfield, for appellant.

Jonathan H. Barnard, Adams County State's Attorney, Quincy (Patrick Delfino, Director, Robert J. Biderman, Dep. Director, Kathy Shepard, Staff Attorney, State's Attorneys Appellate Prosecutor, of counsel), for the People.

OPINION

Presiding Justice TURNER delivered the judgment of the court, with opinion.

[361 Ill.Dec. 234]¶ 1 In May 2010, the State filed a petition for adjudication of wardship, alleging respondent, Marquita M., was a delinquent minor following the commission of the offense of unlawful use of weapons. In November 2010, the trial court found the State proved its petition and adjudicated respondent delinquent. In December 2010, the court made respondent a ward of the court and placed her on probation.

¶ 2 On appeal, respondent argues (1) her trial counsel was ineffective and (2) the State failed to prove her guilty beyond a reasonable doubt. We affirm.

¶ 3 I. BACKGROUND

¶ 4 In May 2010, the State filed a petition for adjudication of wardship, alleging respondent, born in August 1994, was a delinquent minor in that she committed the offense of unlawful use of weapons (720 ILCS 5/24–1(a)(2) (West 2010)). The petition alleged respondent knowingly possessed a steak knife with the intent to use it unlawfully against T.H.

¶ 5 In November 2010, the trial court conducted a hearing on the petition. Kimberly Dinkheller testified she served as the freshman dean of students at Quincy Junior High School at the time of the incident. In that position, she was in charge of all discipline and attendance for the freshman class. On April 6, 2010, at approximately 9:15 a.m., Dinkheller received information from a student regarding respondent and a potential threat to safety or the possibility of weapons in the school. She then contacted the police liaison officer. Dinkheller, along with Officer Matt Hermsmeier, made contact with respondent. They escorted her out of her classroom, “drawing no attention to why we were there.” They then walked down to Dinkheller's office. Officer Hermsmeier proceeded to ask respondent about having a knife at school. Initially, respondent stated a knife might be in her locker, but she later said it was located in the pocket of her hooded sweatshirt. Respondent then pulled out the knife and placed it on a desk. Dinkheller described it as a “steak knife,” about eight inches in length with a four-inch blade.

¶ 6 Dinkheller testified a conversation took place as to why the knife was at school. Respondent stated she was having issues with another student, T.H., and they were supposed to fight that day. If the fight was to take place, respondent stated someone would get cut or stabbed. Respondent was suspended from school and escorted off the grounds.

¶ 7 On cross-examination, Dinkheller testified respondent initially stated she did not know what she was planning to do with the knife. It was only after being questioned as to whether T.H. was beating her up during the fight that respondent said T.H. would probably get cut.

¶ 8 Quincy police officer Matt Hermsmeier testified he was assigned as the junior high school's resource officer and handled school-related incidents. On April 6, 2010, he received information from Dinkheller regarding respondent. He and Dinkheller located respondent in her classroom and escorted her back to Dinkheller's office. Hermsmeier asked respondent if she had anything she should not have, and she denied having anything. She eventually admitted having a knife, stating first it was in her locker and then it was in her pocket. Upon Hermsmeier's request, respondent took out the steak knife and placed it on the desk. Respondent then stated she was planning to fight T.H. after school. When asked what she planned to do with the knife, respondent stated she did not know. When asked about a scenario of what would happen if the two got into a fight, respondent stated T.H. would probably get stabbed.

¶ 9 Following closing arguments, the trial court found the State proved the offense of unlawful use of weapons and adjudicated respondent delinquent. In December 2010, respondent filed a motion for judgment notwithstanding the verdict or for a new trial. The court denied the motion. Thereafter, the court made respondent a ward of the court and placed her on probation for one year. The court also ordered her to serve 30 days' detention with the time stayed so long as she did not violate her terms of probation. This appeal followed.

¶ 10 II. ANALYSIS

¶ 11 A. Assistance of Counsel

¶ 12 Respondent argues trial counsel was ineffective for failing to file a motion to suppress her inculpatory statement because it was the result of custodial interrogation without the benefit of the Miranda warnings. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We disagree.

¶ 13 Claims of ineffective assistance of counsel are analyzed under the standard articulated by Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The Strickland standard also applies to counsel's performance in juvenile delinquency proceedings. In re Austin M., 403 Ill.App.3d 667, 680, 347 Ill.Dec. 34, 941 N.E.2d 903, 914 (2010).

¶ 14 To set forth an ineffective-assistance-of-counsel claim, “a defendant must show both that counsel's performance was deficient and that the deficient performance prejudiced the defendant.” People v. Petrenko, 237 Ill.2d 490, 496, 342 Ill.Dec. 15, 931 N.E.2d 1198, 1203 (2010). To establish deficient performance, the defendant must show his attorney's performance fell below an objective standard of reasonableness. People v. Evans, 209 Ill.2d 194, 219, 283 Ill.Dec. 651, 808 N.E.2d 939, 953 (2004) (citing Strickland, 466 U.S. at 687, 104 S.Ct. 2052). Prejudice is established when a reasonable probability exists that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Evans, 209 Ill.2d at 219–20, 283 Ill.Dec. 651, 808 N.E.2d at 953 (citing Strickland, 466 U.S. at 694, 104 S.Ct. 2052). To show counsel was ineffective for not filing a motion to suppress statements, “the defendant must show that there was a reasonable probability that the motion would have been granted and that the outcome of the trial would have been different if the * * * statements [had been] suppressed.” In re A.R., 295 Ill.App.3d 527, 531, 230 Ill.Dec. 391, 693 N.E.2d 869, 873 (1998).

¶ 15 In the case sub judice, to determine if trial counsel was ineffective in not filing a motion to suppress respondent's inculpatory statements, we must decide if she was subject to custodial interrogation and, if so, whether her statements were voluntarily made.

¶ 16 In Miranda, 384 U.S. at 444, 86 S.Ct. 1602, the United States Supreme Court held “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of [a] defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” Those safeguards include warning a suspect “that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.” Miranda, 384 U.S. at 444, 86 S.Ct. 1602.

¶ 17 Custodial interrogation has been defined as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Miranda, 384 U.S. at 444, 86 S.Ct. 1602.

“The determination of whether a defendant is ‘in custody’ for Miranda purposesinvolves ‘[t]wo discrete inquiries * * *: first, what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave.’ [Citations.] Thus, in determining whether a person is ‘in custody’ for purposes of Miranda, a court should first ascertain and examine the circumstances surrounding the interrogation, and then ask if, given those circumstances, a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave. [Citation.] With respect to the latter inquiry, the accepted test is what a reasonable person, innocent of any crime, would have thought had he or she been in the defendant's shoes. [Citation.]” People v. Braggs, 209 Ill.2d 492, 505–06, 284 Ill.Dec. 682, 810 N.E.2d 472, 481–82 (2003).

¶ 18 Our supreme court has noted the circumstances establishing police custody are not always self-evident. People v. Brown, 136 Ill.2d 116, 124, 143 Ill.Dec. 281, 554 N.E.2d 216, 219–20 (1990). However, “the Court in Miranda was concerned with interrogations that take place in a police-dominated environment containing ‘inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely.’ ” Brown, 136 Ill.2d at 124, 143 Ill.Dec. 281, 554 N.E.2d at 219–20 (quoting Miranda, 384 U.S. at 467, 86 S.Ct. 1602). In looking at the circumstances of interrogation, courts look at several factors to determine whether a statement was made in a custodial setting, including:

“(1) the location, time, length, mood, and mode of the questioning;

(2) the number of police officers present during the interrogation;

(3) the presence or absence of family and friends of the individual;

(4) any indicia of formal arrest procedure, such as the show of weapons or force, physical restraint,...