Opinion

People v. Moss

  • 205 Ill. 2d 139
  • 275 Ill. Dec. 444
  • 792 N.E.2d 1217
  • 2001 Ill. LEXIS 1427
Court
Illinois Supreme Court
Filed
Oct 18, 2001
Status
Published
Author
McMORROW
On the bench
Garman, McMorrow, Freeman, Kilbride, Harrison
Cited by
106 cases
Authority
More cited than 10.0%

explaining that calling the defendant’s experts “ ‘cash for trash doctors’ ” was “completely unacceptable”

How later courts described this case

  • explaining that calling the defendant’s experts “ ‘cash for trash doctors’ ” was “completely unacceptable”
  • finding defendant’s poor adjustment to incarceration “as evidenced by his possession of weapons and his receipt of 44 disciplinary tickets while in prison” relevant to the comparison of criminal records of the codefendants
  • "This conclusion should not be interpreted in any way as condoning improper prosecutorial remarks that have become all too frequent in criminal trials. * * * Although a new trial is not always a necessary sanction for improper remarks of a prosecutor, comments denigrating defendant's witnesses must be strongly condemned."
  • defendant’s arguments were not preserved for appeal -12- 1-19-1616 by a general allegation in posttrial motion that the prosecutor made prejudicial, inflammatory, and erroneous statements in closing argument

Written by the judges who cited it.

The opinion

JUSTICE McMORROW, specially concurring:

I join Justice Freeman’s opinion to the extent it holds that customary plain error analysis should be applied to defendant’s arguments concerning prosecutorial misconduct at trial and sentencing.

Also, like Justice Freeman, I believe that the remarks made by the prosecutors during closing argument at defendant’s sentencing hearing must be strongly rebuked. Capital sentencing proceedings impose upon the jury the intellectually and emotionally demanding task of determining whether or not a defendant is eligible for and deserving of death, the most severe of all state-sanctioned punishments. In such a proceeding, where the outcome is literally a matter of life or death, there can be no place for sarcasm or improper name-calling. The matter is far too portentous, and the risk that the jury might be swayed by passion or prejudice is far too real, to conclude otherwise.

Given the horrific nature of capital offenses, it is understandable that a prosecutor’s emotions may run high. But, “[n]o matter how deplorable the crime in issue or how inadequate the defense theories may be perceived by the prosecution, the larger policies of fair trial and proper courtroom decorum inveigh against the type of prosecutorial remarks and conduct that occurred here. Such behavior benefits no one, not the people of Illinois who are represented by the prosecutor, not the victim’s families, and certainly not the individuals whose sole transgression was to give testimony on behalf of the defense.” People v. Kidd, 175 Ill. 2d 1, 58 (McMorrow, J., specially concurring, joined by Freeman, J.).

The prosecutorial remarks in this case were unprofessional and debased the sentencing proceeding. Nevertheless, having carefully considered the remarks in the context of the entire proceeding, I am constrained to conclude that the comments do not rise to the level of plain error. Thus, I join the majority in holding that defendant’s death sentence should not be disturbed. I emphasize, however, my strong disapproval of the remarks at issue in this case. I caution prosecutors not to make these comments again, and I urge judges to vigorously guard against such unprofessional conduct.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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