People v. Lovelady
| Decision Date | 02 October 1984 |
| Docket Number | 60490,60417,60534 and 60642,Nos. 60152,60368,60370,s. 60152 |
| Citation | 101 Ill.2d 568,82 Ill.Dec. 322,468 N.E.2d 976 |
| Parties | , 101 Ill.2d 570, 101 Ill.2d 572, 101 Ill.2d 573, 101 Ill.2d 575, 82 Ill.Dec. 322 PEOPLE State of Illinois, Respondent, v. James LOVELADY, etc., Petitioner. PEOPLE State of Illinois, Respondent, v. Johnny RULE, Petitioner. PEOPLE State of Illinois, Respondent, v. Melvin STYLES, Petitioner. PEOPLE State of Illinois, Respondent, v. Cornett KYLES, Petitioner. PEOPLE State of Illinois, Respondent, v. Terry ALFORD, Petitioner. PEOPLE State of Illinois, Respondent, v. Robert C. DAVIS, Petitioner. PEOPLE State of Illinois, Respondent, v. Isaiah GREEN, Petitioner. |
| Court | Illinois Supreme Court |
Petition for leave to appeal from the Appellate Court, Fourth district.
Petition for leave to appeal denied.
As I have indicated in my dissents in People v. Payne (1983), 99 Ill.2d 135, 140, 75 Ill.Dec. 643, 457 N.E.2d 1202, and People v. Moore (1984), 101 Ill.2d (34), 79 Ill.Dec. 176, 463 N.E.2d 728, it is clear to me that peremptory challenges are being used in this State to exclude black persons from juries because of their race. This, I believe, does not square with our constitutional requirements. My colleagues appear to acknowledge the existence of jury exclusion based on race. Although they do not agree that it calls for this court to put a halt to it on constitutional grounds, they have recommended to the legislature that it be combatted by a statute eliminating the use of peremptory challenges, a recommendation the legislature has not adopted. Editorial, A Key to Better Juries, Chicago Sun-Times, Feb. 7, 1984, at 31; Editorial, The Chief Justice's Challenge, Chicago Tribune, Feb. 14, 1983, sec. 1, at 12; People v. Payne (1983), 99 Ill.2d 135, 140, 75 Ill.Dec. 643, 457 N.E.2d 1202 (Clark, J., specially concurring); Legislature Receives Report of Chief Justice, Ill.St.B.A., 14 Bench and Bar No. 9 (Mar.1984); Report in Chicago Sun-Times, Feb. 18, 1983, at 16.
To meet the difficult test enunciated in Swain v. Alabama (1965), 380 U.S. 202, 223, 85 S.Ct. 824, 837, 13 L.Ed.2d 759, 774, which requires a showing of such exclusion "in case after case," a record must be assembled of each instance in which it is claimed there has been a systematic exclusion of black persons from juries solely because of their race. The appellate court recognized this need in People v. Frazier (1st Dist.3d Div. 1984), 127 Ill.App.3d 151 at 155, 82 Ill.Dec. 950, 469 N.E.2d 594. However, although we have only one appellate court, that court sits in panels, and I fear that the third division of the first district of that court may be the only panel of the appellate court which will preserve the kind of record that will be useful to defendants. Othe...
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...practice, which a justice of our supreme court described as "unconstitutional, un-American and unconscionable." (People v. Alford (1984), 101 Ill.2d 568, 579-80, 82 Ill.Dec. 322, 468 N.E.2d 976 (appeal denied, Simon, J., dissenting).) Insofar as the majority correctly applied the present la......
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...practice was an issue. Several months later, in October 1984, the Frazier list was supplemented in People v. Lovelady (1984), 101 Ill.2d 573, 579-80, 468 N.E.2d 976 (Simon, J., dissenting). As a supplement to both Frazier and Lovelady, our research reveals the following additional cases dec......
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People v. Johnson
...was an issue. Several months later, in October, 1984, the Frazier list was supplemented in People v. Lovelady (1984), 101 Ill.2d 573, 82 Ill.Dec. 322, 468 N.E.2d 976 (SIMON, J., dissenting). As a supplement to both Frazier and Lovelady, our research reveals the following additional cases de......