McCoy Owned motels and nightclubs in Chicago. The appellate court held that the trial court had a duty to reconsider its ruling after the appellate court found the ruling as to one statement was erroneous. 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. Her second trial, held in August before Cook County Criminal Court Judge Joseph Urso, ended in the same verdict. We humbly honor the old school soul music era and will keep pushing forward to keep it alive. On direct appeal, this court affirmed the trial court's denial of the motion to suppress, but remanded the case for a hearing on the prosecutor's use of peremptory challenges. Ill. Rev.Stat.1985, ch. In Hobley I, the supreme court found that it was not error for the trial court to bar the testimony at trial of three people who claimed they had also been abused by the same officer who abused Hobley. In reliance upon testimony from a police officer that the defendant was not in custody until the officer's suspicions focused on the defendant, the trial court denied the motion to suppress and the California Supreme Court affirmed. Her time was divided between her father and her mother and grandmother and thus . 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. Prior to her first trial, defendant filed a motion to suppress written and oral statements. While defendant did testify at her motion to suppress that she saw Anthony injured in the police station before she gave a statement to the polygraph operator, she never asserted that this fact influenced her decision to confess. 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. Following closing arguments, the court found defendant guilty of first degree murder, armed robbery, and concealment of a homicidal death and later sentenced him 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. Father of actress LisaRaye McCoy. She had appealed her original 1990 conviction and ended up getting convicted for the exact same amount of time as her prior sentence- 80 years. Defendant did not assert this as a ground for suppressing her statement until her first amended motion before Judge Urso. Defense counsel argued that the necessity and/or sufficiency of Miranda warnings had not been previously raised. 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. 143, 706 N.E.2d 1017 (1998), this court addressed the defendant's contention on appeal that he was entitled to an evidentiary hearing on his postconviction petition because he had new evidence which showed systematic torture at Area 2. While searching the apartment, the police told him to get dressed, giving him some of his clothes; they did not, however, provide him any underwear or socks. Thus, we cannot say that the trial court's granting of the City's motion to quash the subpoenas was in error. After remand, defendant filed a second motion to suppress statements in which she asserted that she gave her confession because she was influenced by seeing Tyrone after he had suffered injures at the hands of the police. 498, 563 N.E.2d 385 (1990). Prior to his trial, the defendant filed a motion to suppress claiming statements he had given police were the result of police torture. In People v. Cannon, 293 Ill.App.3d 634, 227 Ill.Dec. 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. Finding that the circumstances surrounding the commission of the murder were brutal and heinous, Judge Urso sentenced defendant to an extended term of 80 years in prison. 767, 650 N.E.2d 224 (1994) (Daniels I). The doctrine, however, merely expresses the practice of courts generally to refuse to reopen what has been decided; it is not a limit on their power. Patterson, 154 Ill.2d at 468-69, 182 Ill.Dec. 312, 556 N.E.2d 1214. Certainly, the failure to file or to present a viable motion to suppress could constitute ineffective assistance of counsel (see People v. Brinson (1980), 80 Ill.App.3d 388, 35 Ill.Dec. After an evidentiary hearing, Judge Toomin denied defendant's motion to suppress. 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. She signed the court-reported statement without reading it because she did not have her eyeglasses. Home > Blog > Uncategorized > david ray mccoy obituary chicago. Counsel also asserted that cases had been decided by the United States Supreme Court since this court had issued Daniels I that had the effect of changing the law regarding the admissibility of defendant's statements. In arguing that his trial counsel misapprehended the accountability law, however, defendant distorts the record and fails to mention any of his trial counsel's attempts to show that defendant in no manner participated in the planning or commission of the shooting of McCoy. Defendant's conviction arose from the November 12, 1988, shooting death of McCoy in the garage of the home that he, defendant and her daughter shared at 1654 East 92nd Street in Chicago. Thereafter, defendant drove McCoy's car to an alley near McCoy's place of business, with Sheila following in her own car. Consequently, we affirm our prior order vacating defendant's extended-term sentence and remanding this case to the trial court for resentencing. In his first appeal, the defendant did not challenge the trial court's pretrial denial of his motions to quash arrest and suppress evidence. At 3 a.m. she was placed under arrest for McCoy's death and advised of her Miranda rights. 12, 735 N.E.2d 616. On remand to the trial court, the defendant renewed these motions and the trial court denied the defendant's request to reconsider. In support of her claim of error, defendant relies upon a series of cases mentioning a report (Goldston Report) of the Office of Professional Standards (OPS) summarizing allegations gleaned from other reports concerning allegations of the systematic abuse of prisoners at Area 2 between the years of 1978 and 1986. In so ruling, the Court stated that the ultimate determination for whether a defendant is in custody for Miranda purposes involved [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. Thompson, 516 U.S. at 112, 116 S.Ct. Defendant then emptied McCoy's wallet of money, and dumped it in a trash bin at a McDonald's restaurant. The record reflects that he testified that he had been struck, but he also testified that he did not make his statement because of this mistreatment, he made it because defendant told him to cooperate. Defendant's present assertion that he was influenced and coerced by his sister is not borne out by the record. The instant case is similar to Enis and dissimilar to Jones. Family Members . A subpoena is a compulsory process for obtaining witnesses or documentary evidence in all criminal prosecutions and is guaranteed by the sixth amendment. There is no question that a criminal defendant's prerogative to testify at his own trial is a fundamental right; the question of the exercise of that right is thus not a matter of a strategic or tactical decision best left to trial counsel. The constitutionally guaranteed right of effective assistance of counsel has not been provided if defendant can prove that his counsel's representation fell below an objective standard of reasonableness and that counsel's shortcomings "were so serious as to deprive the defendant of a fair trial." 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. 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. (People v. Whittaker, 199 Ill.App.3d 621, 629, 145 Ill.Dec. Crespo, 203 Ill.2d at 348-49, 273 Ill.Dec. 256, 637 N.E.2d 992. Lisa Raye (best known to us old schoolers as Diamond in the Players Club) and rapper, Da Brat, are biological sisters with the same father, David Ray McCoy. In the instant case, defendant maintains that he probably would not have been convicted had his attorney properly argued and presented his motion to suppress. 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. In Crespo, the defendant stabbed the victim 24 times with an eight-inch knife and pulled her hair with such force that part of her scalp was torn from her head. 321, 696 N.E.2d 313. A jury of nine women and three men returned a verdict of. v. Defendant-Appellant. However, this court, presented as it is with a record containing no support for defendant's assertion, must resolve the question against him. Post author: Post published: July 1, 2022; Post category: crawford funeral home obituary; Post comments: . Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Margaret J. Faustmann and Clare T. McEnery, of counsel), for plaintiff-appellee. 1000, 688 N.E.2d 693 (1997), the defendant was arrested in 1983 and taken to Area 2 where, after being interrogated, he admitted to his involvement in the murder under investigation. 698, 557 N.E.2d 468.) 304, 745 N.E.2d 78 (2001); People v. Chanthaloth, 318 Ill.App.3d 806, 816, 252 Ill.Dec. People v. Crespo, 203 Ill.2d 335, 347-48, 273 Ill.Dec. Daniels I, 272 Ill.App.3d at 333, 208 Ill.Dec. Here, defendant has never said she was beaten. 108, 744 N.E.2d 841] (2001)].. The court also found that probable cause existed after defendant spoke with the polygraph operator and admitted knowledge of the murder. [Editor's Note: Text omitted pursuant to Supreme Court Rule 23. The trial court found that the defendant waived the issue of his allegedly coerced confession by failing to raise it on direct appeal. 553, 696 N.E.2d 849 (1998). After defendant told police where Anthony lived, he was picked up and taken to the police station. See Greenspawn, 346 Ill. at 491, 179 N.E. In fact, the section of Cleary and Graham relating to the admission of medical and hospital records explains that while the requirement of calling all persons who made the entries to testify has virtually disappeared with respect to the admission of business records, it continues to be applied to medical records. mesquite to las vegas airport; greenville public school district address; houses for rent in huntsville, al under $600; Blog Post Title February 26, 2018. Hobley I, 159 Ill.2d at 312, 202 Ill.Dec. Another was where the defendant had been acquitted of some charges, thereby precluding him from seeking appellate review of the trial court's rulings. This argument is without merit. She further alleged that prior to seeing her brother Anthony in a beaten condition, police had threatened to charge her and/or Anthony with McCoy's murder for which they could receive the death penalty. Our supreme court found that without some evidence that the defendant was injured, evidence of the treatment of other suspects could not, by itself, be the basis for an evidentiary hearing. 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. 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. Cline responded, She was not under arrest. In Thurow, our supreme court held that, in those cases where the defendant did object to his sentence in the circuit court, the reviewing court should apply a harmless error analysis: Is it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error. Thurow, 203 Ill.2d at 368-69 [272 Ill.Dec. Defense counsel's use of Sheila's statement was thus further support for counsel's arguments that defendant was not accountable for Sheila's actions. 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. Counsel further explained that Anthony's testimony, which Judge Toomin had precluded at the previous hearing, would also be presented. The officers then drove defendant to the police station, where they placed him in an interview room. 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. Rather, the only evidence presented that defendant acquiesced to his sister's will was his statement that he took her advice to "tell the truth.". In support, he attached to his petition an affidavit from an Illinois attorney, reports from OPS detailing the abuse at Area 2, findings from the Chicago police board regarding Area 2 and his own affidavit in which he asserted that he was beaten, pistol-whipped, shocked and suffocated. Defendant has cited no authority in support of this claim and it is therefore waived. The defendant was convicted following a second trial and he appealed arguing that the OPS report regarding abuse of arrestees at Area 2 was new evidence that was not available to the defendant prior to his first trial. A jury of nine women and three men returned a verdict of guilty of first-degree murder against Sheila Daniels, 41, late Monday night. 493, 412 N.E.2d 1075 (1980). His statement to the assistant State's Attorney, transcribed by a court reporter, was simply what the police told him to say. Defendant said he understood those rights and agreed to give a statement to the State's Attorney, which was subsequently transcribed. 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. 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. Defendant was not hit or struck or in any manner mistreated during his interrogation. At the time, he was also in the police station and was bleeding after having been beaten by police. Cook County. The trial testimony of Anna Democopoulos, the assistant State's Attorney who interviewed defendant, essentially corroborated Cummings' testimony. This position is completely belied by the record. Patterson, 192 Ill.2d at 138-45, 249 Ill.Dec. A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. McCoy, 53, a self-made millionaire and bon vivant, was found dead in the back seat of his black Cadillac on Nov. 12, 1988. 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. His lover, Sheila Daniels, and her brother, Tyrone, were found guilty of his murder. In a separate bench trial, defendant's brother, Tyrone Daniels, was also convicted of first degree murder in connection with McCoy's death. 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 facts surrounding her stay at the police station and the content of various statements she made to police, including a statement taken by a court reporter wherein defendant admitted to shooting McCoy but claimed it was in self-defense, were laid out at length in Daniels I. Contact us. People v. Mordican, 64 Ill.2d 257, 1 Ill.Dec. 241, 788 N.E.2d 1117. During argument on defendant's motion, defense counsel argued that new evidence, that being testimony from defendant's brothers, was now available. The morning she testified at her trial, defendant went to the hospital and obtained the records relating to the beating. Putting aside the fact that this claim is nothing more than mere speculation on defendant's part and ignores all of the evidence presented by the State in support of her conviction, the fact remains that a proper foundation was not laid for admission of the records into evidence. Defendant further argues that because she had first-hand knowledge of the accuracy of the records, the trial court should have admitted them into evidence. 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. mode: 'thumbnails-rr1', This ruling meant that defendant was allowed to testify to the content of the medical records. Listed below are the cases that are cited in this Featured Case. At the police station, defendant was questioned regarding McCoy's death and admitted to having purchased the gun used in the shooting, but stated it had been stolen by her brother Anthony Daniels. After denial of defendant's motion to suppress, trial commenced. People v. Enis, 139 Ill.2d 264, 300, 151 Ill.Dec. 830, 420 N.E.2d 147 (1981); Proesel v. Myers Publishing Co., 48 Ill.App.2d 402, 404, 199 N.E.2d 73 (1964). On remand, the trial court allowed the State to use the other two statements that the appellate court had not addressed. 12, 735 N.E.2d 616 (2000), the defendant was convicted of two counts of murder committed during a forcible felony and was sentenced to death. People v. Feagans, 134 Ill.App.3d 252, 89 Ill.Dec. Further, defendant cannot liken his situation to that of the defendant in People v. Rhoads (1979), 73 Ill.App.3d 288, 29 Ill.Dec. Afterwards, defendant was interviewed by the assistant State's Attorney and gave substantially the same version. list of chicago mobsters; sudocrem on scalp; best ucla dorms; recent food poisoning cases in australia 2021. uber santa barbara airport; hanako greensmith actress; wireshark serial port; gold rush todd hoffman. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. About 30 minutes later, she accompanied police to Tyrone's home, where he was arrested and taken to the police station. People v. Staten, 89 Ill.App.3d 1113, 1116, 45 Ill.Dec. The motion was denied and our supreme court affirmed that ruling. 185, 786 N.E.2d 1019 (2003), to determine whether a different result is warranted. 38, par. 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. Strickland v. Washington, 466 U.S. 668, 688-89, 104 S.Ct. 300, 631 N.E.2d 303 (1994). However, she did not attempt to call Tyrone at the hearing on her motion. 604], 645 N.E.2d at 865; see also People v. Huff, 308 Ill.App.3d 1046, 1049 [242 Ill.Dec. Lying on the floor next to McCoy's head, police found a .25 caliber semi-automatic Beretta, later determined to be the weapon which caused McCoy's wounds. 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. After defendant let the officers into his apartment, the police asked him his name and, when he answered, they placed him under arrest, advising him of his constitutional rights. The defendant told the police that she shot the victim only after he had beaten her and threatened to kill her. Daniels, 230 Ill.App.3d at 532, 172 Ill.Dec. In addition to what he had told Cummings, defendant told her that Sheila and McCoy had been arguing when Sheila accidentally shot McCoy. 1. Defendant did not ask the trial court to consider Tyrone's testimony at his motion to suppress in ruling on her motion to suppress. 767, 650 N.E.2d 224. 143, 706 N.E.2d 1017. Following a hearing on the motion, the trial court denied the motion. After denial of her motion, defendant filed written offers of proof, which stated that, if called to testify at a hearing, Tyrone and Anthony would substantiate the allegations of abuse contained in her second amended motion to suppress. Thompson, 516 U.S. at 116, 116 S.Ct. Sheila then left the room and Cummings interviewed defendant again. McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. Daniels had confessed to shooting McCoy, her live-in boyfriend and a paraplegic. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In Daniels I, defendant argued, inter alia, that Judge Toomin had erred in denying her motion to suppress statements. 592, 610 N.E.2d 16 (1992). 1000, 688 N.E.2d 693. Again, the record does not support defendant's assertion. 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. Constitutionality of extended term sentence. On June 4, 2003, our supreme court directed us to vacate our opinion in this case (204 Ill.2d 667, 273 Ill.Dec. 767, 650 N.E.2d 224, is helpful to an analysis of this issue. 829, 799 N.E.2d 694 (2003). 447, 548 N.E.2d 1003 (1989). 18-2(a)), and concealment of a homicidal death (Ill.Rev.Stat.1987, ch. In support of those motions, defendant alleged that the police had lacked probable cause to arrest him, that he was not advised of his constitutional rights at any time subsequent to his arrest, that his admissions were involuntary and the result of police coercion, and that Sheila had acted as an agent of the police. 2348, 147 L.Ed.2d 435 (2000). Although Sheila's statement is not contained in the record, the court's and the attorneys' allusions to that statement indicate that defense counsel attempted to use it to show that defendant was unaware that Sheila was going to shoot McCoy. During its deliberations, the jury sent a note to the trial court asking if plaintiff's medical records pertaining to the 1980 beating were available to the jury. This court recently addressed this issue. 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. In Apprendi, a New Jersey hate crime statute was declared unconstitutional because it allowed the trial judge to increase penalties for crimes upon a finding the crimes were committed with a purpose to intimidate *** because of race, color, gender, handicap, religion, sexual orientation or ethnicity. Apprendi, 530 U.S. at 468-69, 120 S.Ct. The PEOPLE of the State of Illinois, Plaintiff-Appellee, Business man & Millionaire. Presiding Justice QUINN delivered the opinion of the court: The email address cannot be subscribed. 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. 592, 610 N.E.2d 16 (1992). The judgment of the circuit court of Cook County is thus affirmed. 499, 734 N.E.2d 207 (2000), where this court stated: [P]rinciples of collateral estoppel do not bar relitigation of a pretrial ruling after remand, where special circumstances are present. At no time in the apartment did the police advise him of his constitutional rights. See e.g., People v. Lee, 319 Ill.App.3d 289, 307, 253 Ill.Dec. Before trial, counsel for defendant filed several motions to suppress statements made by defendant after his arrest and to suppress evidence the police recovered in defendant's apartment. david ray mccoy sheila daniels chicago. We disagree with defendant's position that Judge Toomin did not rule on the fifth amendment aspects of her first motion to suppress. Defendant contends next that the trial court erred in quashing her subpoenas and asserts she should have been granted an evidentiary hearing on her motion to suppress based on the material sought in those subpoenas. Dowery was killed in the same house where Daniels allegedly shot her former live-in boyfriend, David Ray McCoy, on Nov. 12, 1988, during an argument over a high electricity bill and who. While other reports suggest that Daniels killed himafter the two had an argument at their home over a high electric bill. There is, however, a strong presumption that counsel's performance falls within the "wide range of professional assistance." See 188 Ill.2d R. 341(e)(7); People v. Madej, 177 Ill.2d 116, 162, 226 Ill.Dec. 20, 595 N.E.2d 83. People v. Patterson, 154 Ill.2d 414, 468, 182 Ill.Dec. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. He was found shot to death in the back seat of his Cadillac, which was parked in a Southside Chicago alley. McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. Under similar facts, the same result was reached in People v. King, 192 Ill.2d 189, 198-99, 248 Ill.Dec. Anthony was questioned and released. After hearing argument on the City's motion, the trial court quashed defendant's subpoena seeking photographs of the officers assigned to Area 2 at the time she was questioned there. 1712, 90 L.Ed.2d 69 (1986), the defendant was granted a new trial, where he again moved to suppress statements, arguing now that he could prove other suspects had also been tortured at Area 2. In her motion to suppress filed before her first trial and in the first motion to suppress filed with Judge Urso, defendant said nothing about Anthony's beaten condition as being a reason for her inculpatory statements. 343, 795 N.E.2d 1011 (2003) and People v. Alvarez, 344 Ill.App.3d 179, 278 Ill.Dec. 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. On November 18, 1988, shortly after speaking with Sheila, police arrested defendant. 267, 480 N.E.2d 153 (1985). Judge Toomin then cited several cases supporting his holding and found that defendant's testimony was incredible. People v. Fields, 258 Ill.App.3d 912, 918, 197 Ill.Dec. 241, 788 N.E.2d 1117. As we pointed out in Daniels I, defendant never asserted in her motion to suppress ruled upon by Judge Toomin that she confessed because she saw her brothers in a beaten condition. 2348, 147 L.Ed.2d 435 (2000). 441, 473 N.E.2d 1246.) Anthony was bruised and bloody, apparently as a result of having been beaten. of first-degree murder against Sheila Daniels, 41, late Monday . Countering defendant's motion to suppress, the State presented the testimony of Michael Cummings, the Chicago police detective assigned to investigate McCoy's murder. When defendant, who had brought the records to court with her, was questioned by defense counsel regarding the records, the State objected on the ground the documents had not been certified. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. sunderland ontario new homes / can alcohol make you gain weight overnight / david ray mccoy; david ray mccoy . In the rear seat of his Cadillac, which was parked in a South Side Chicago alley, he was discovered shot to death. Cannon, 293 Ill.App.3d at 642-43, 227 Ill.Dec. 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. Defendant also argues that the trial court erred in failing to allow her to reopen her case in light of the testimony Tyrone and Anthony would present at a hearing on her motion to suppress. People v. Shukovsky, 128 Ill.2d 210, 222, 131 Ill.Dec. See People v. Lucas, 132 Ill.2d 399, 417-18, 139 Ill.Dec. (Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 71, 356 N.E.2d 71 (1976). He was shot. 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.