830, 420 N.E.2d 147 (1981); Proesel v. Myers Publishing Co., 48 Ill.App.2d 402, 404, 199 N.E.2d 73 (1964). Post author: Post published: July 1, 2022; Post category: crawford funeral home obituary; Post comments: . Consequently, Judge Toomin did not allow Anthony to testify during the hearing on that motion. We hold that the OPS reports are only relevant if defendant had asserted in her first motion to suppress before Judge Toomin that she confessed to the police because defendant herself was physically abused or because of the apparent mistreatment of Anthony and Tyrone. 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. The fact that this court affirmed that holding in the manner that we did shows that we considered the same issues and came to the same conclusion. See also People v. Watts (1992), 226 Ill.App.3d 519, 168 Ill.Dec. About 30 minutes later, she accompanied police to Tyrone's home, where he was arrested and taken to the police station. 918, 735 N.E.2d 569 (2000). Justice DiVITO delivered the opinion of the court: After a bench trial, defendant Tyrone Daniels was found guilty of first degree murder (Ill.Rev.Stat.1987, ch. After a recitation of more testimony at the hearing, the court denied defendant's motion to suppress based on the fourth amendment, finding that she was not in custody until after she gave an incriminating statement to the polygraph operator. People v. Enis, 139 Ill.2d 264, 300, 151 Ill.Dec. After being told that Sheila had "told [the police] that [defendant] was the one that did the murder on David Ray McCoy," defendant gave the police a different version. 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 then emptied McCoy's wallet of money, and dumped it in a trash bin at a McDonald's restaurant. Another was where the defendant had been acquitted of some charges, thereby precluding him from seeking appellate review of the trial court's rulings. 38, par. The court continued: As to the right to counsel, it is, of course, the State's burden to establish the voluntariness and this essentially refines itself to issues of credibility in this case. 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. Indeed, Tyrone raised this issue in his appeal. Based on that statement, she considered him to be her attorney. Daniels I, 272 Ill.App.3d at 332, 208 Ill.Dec. 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. David Ray Mccoy was brutally killed on 13 November 1988, in Chicago, Cook County, Illinois, USA, at the age of 53 years. 767, 650 N.E.2d 224. After this court reversed her conviction and remanded the case, defendant filed another motion to quash arrest and suppress statements, which was twice amended and once reoffered. The fact that defendant did not ask for this to be done indicates that defendant's theory in her first motion to suppress had nothing to do with Tyrone's condition. The supreme court affirmed this denial, stating, The defendant could have raised these arguments in his first appeal, and his failure to do so justified the trial court's refusal to reconsider its rulings, under principles of collateral estoppel. Enis, 163 Ill.2d at 386, 206 Ill.Dec. 592, 610 N.E.2d 16. mode: 'thumbnails-rr1', 241, 788 N.E.2d 1117. 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. 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. The court in Taylor held that once a suppression order is entered, it may be reconsidered or appealed, but a second hearing on the merits may not be held. After Sheila left, defendant decided to cooperate with the police; however, he was still not advised of his constitutional rights. 829, 799 N.E.2d 694 (2003). Hobley II, 182 Ill.2d at 448-49, 231 Ill.Dec. The court also found that probable cause existed after defendant spoke with the polygraph operator and admitted knowledge of the murder. He was 52 years old. 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. McCoy Owned motels and nightclubs in Chicago. The subpoenas also sought official police photographs of all officers on duty at Area 2 during the time she was interrogated in connection with McCoy's murder. His lover, Sheila Daniels, and her brother, Tyrone, were found guilty of his murder. 69, 538 N.E.2d 444 (1988); People v. Mitchell, 297 Ill.App.3d 206, 209, 231 Ill.Dec. 730 ILCS 5/5-5-3.1(a)(4), (a)(8) (West 1996). As a result of the beating, defendant sought treatment at Little Company of Mary Hospital. See 188 Ill.2d R. 341(e)(7); People v. Madej, 177 Ill.2d 116, 162, 226 Ill.Dec. 592, 610 N.E.2d 16 (1992). She testified that she told him to sign the papers so they could go home but Tyrone refused. 20, 595 N.E.2d 83. 9-1(a)), armed robbery (Ill.Rev.Stat.1987, ch. After reciting the testimony at the hearing, we concluded as follows: Defendant's motion to suppress was denied. Father of actress LisaRaye McCoy. People v. Patterson, 154 Ill.2d 414, 489, 182 Ill.Dec. 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. It is improper for the jury to take items with them to the jury room during deliberations which have not been admitted into evidence. [The preceding is unpublished under Supreme Court Rule 23.]. This court reversed, holding [s]ince the State did not raise the attenuation and independent basis issues at the hearing on the motion to suppress, the State cannot raise them after the order to suppress is final and has been affirmed on appeal. Lawson, 327 Ill.App.3d at 65, 261 Ill.Dec. He was 52 years old at the time. People v. Patterson, 154 Ill.2d 414, 468, 182 Ill.Dec. At the time, he was also in the police station and was bleeding after having been beaten by police. 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. 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. Cummings again advised defendant of his rights and interviewed him for approximately 45 minutes. After a discussion of the evidence and the applicable case law, which consisted almost entirely of defendant's arguments based on the fourth amendment, we held, Accordingly, we find that the circuit court properly denied her motion to suppress. Daniels I, 272 Ill.App.3d at 336, 208 Ill.Dec. She asserts their testimony constitutes new evidence, which bars application of the law of the case doctrine. Sheila was slapped with an 80 year sentence and Tyrone was hit with 60 years. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sheila DANIELS, Defendant-Appellant. She asserts that had this court and Judge Toomin had the benefit of the United States Supreme Court's ruling in Thompson v. Keohane, 516 U.S. 99, 116 S.Ct. David Ray Mccoy, who had been dating her for ten years, was killed by Sheila Daniels and her brother Tyrone. We have vacated our prior opinion in a separate order and we determine that our prior decision to vacate the defendant's extended-term sentence was proper. Defendant said he understood those rights and agreed to give a statement to the State's Attorney, which was subsequently transcribed. There followed a lengthy recitation of the testimony at the evidentiary hearing on the motion to suppress. In People v. Patterson, 192 Ill.2d 93, 249 Ill.Dec. at 1527, 128 L.Ed.2d at 296. There, the defendant had asserted in his motion to suppress that he had been beaten by the police. Ill. Rev.Stat.1985, ch. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. 38, par. 272, 475 N.E.2d 269. 143, 706 N.E.2d 1017. The sequence of events relating to the arrests of Anthony and Tyrone as recited in Daniels I, 272 Ill.App.3d at 333-34, 208 Ill.Dec. Defendant acknowledges that the support for his contention is not contained in the record, but he raises the error "so as to present defendant's ineffective assistance of counsel claim in it's (sic) proper perspective," promising to file a post-conviction petition raising this issue. 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. The trial court's decision not to revisit a matter previously litigated in reliance upon the law of the case doctrine will not be reversed absent an abuse of discretion. She asked to call Vrdolyak during the polygraph exam. This position is completely belied by the record. One such circumstance was where the defendant's conviction was reversed and remanded for a new trial where the State failed to call a material witness at the hearing on the defendant's motion to suppress statements. According to Chicago Tribune, three of McCoys other daughters, Jehlan, Morgan, and Cynthia, believe Daniels killed their father because she found out he was about to cut her out of his will. However, during an episode of Lisa Rayesprior reality show,she cried uncontrollably as she and her daughter visited her dads grave site. In a separate bench trial, defendant's brother, Tyrone Daniels, was also convicted of first degree murder in connection with McCoy's death. In pertinent part, this included the following: On November 14, 1988, Edward Vrdolyak, an attorney and longtime friend, came to [defendant's] home and offered to help. The court then found such an independent basis existed and defendant was again convicted upon retrial. 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. She was born to a Chicago city bus driver mother Nadine Brewer and businessman father David Ray McCoy. In his lengthy findings of facts, Judge Toomin first reiterated the theories raised in 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. We agreed, reversed the defendant's conviction and ordered a hearing on his motion to suppress. On appeal, this court rejected the defendant's argument which we characterized as being based on a claim of new evidence. Following a jury trial in 1990 before Judge Michael P. Toomin, defendant Sheila Daniels was convicted of the first degree murder of her paraplegic boyfriend, David McCoy, and was sentenced to an 80-year prison term. 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. It is undisputed that the person or persons who made the entries on the records defendant attempted to have admitted at trial did not testify. See People v. Chengary, 301 Ill.App.3d 895, 897, 235 Ill.Dec. Further, there is no credible evidence in this record that the defendant's will was overborne ***.. 552, 500 N.E.2d 445.) A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. Finally, the court found incredible defendant's testimony that the assistant State's Attorney purported to be her attorney, and stated that no credible evidence existed that her will was overborne or that she had invoked her right to counsel. Daniels I, 272 Ill.App.3d at 334, 208 Ill.Dec. 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. 767, 650 N.E.2d 224. Their beloved father was a paraplegic who was also a wellestablished Southside Chicago businessman. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. 493, 564 N.E.2d 1155 (1990). Defendant argues that the reopening of her case is not barred by the doctrine of law of the case because in Daniels I we ruled, with respect to her motion to suppress, that she had voluntarily accompanied police to the station and that investigators did not employ a ruse in order to induce her to leave her home. People v. Feagans, 134 Ill.App.3d 252, 89 Ill.Dec. Counsel further explained that Anthony's testimony, which Judge Toomin had precluded at the previous hearing, would also be presented. Defendant also argues that Judge Urso should have held a hearing on her motion to suppress based upon the Supreme Court's decision in Stansbury v. California, 511 U.S. 318, 114 S.Ct. 98 (1931), where the trial court refused to admit X-rays of the defendant's teeth into evidence. 300, 631 N.E.2d 303 (1994). [Editor's Note: Text omitted pursuant to Supreme Court Rule 23. 592, 610 N.E.2d 16 (1992). She claims the propriety of the police conduct once she arrived at Area 2, which implicates a fifth amendment violation, has never been ruled upon. In finding error in the trial court's refusal to admit the X-rays, the supreme court stated they should have been admitted because they tended to sustain the defendant's alibi. Greenspawn, 346 Ill. at 491, 179 N.E. See People v. Golden, 342 Ill.App.3d 820, 277 Ill.Dec. 887, 743 N.E.2d 1043 (2001). Based upon the foregoing, we find that, based upon defendant's assertions of error, defendant was not denied effective assistance of trial counsel. All rights reserved. After an evidentiary hearing, Judge Toomin denied defendant's motion to suppress. Applying this logic to the case before us, we reject appellate counsel's assertion that where neither a trial court nor a court of review has considered a legal issue, the law of the case doctrine is inapplicable to that issue. The proffered testimony of Tyrone and Anthony was included with the motion, substantiating the allegations of abuse contained in defendant's motion. For the reasons set forth below, we affirm defendant's conviction, vacate her sentence and remand for resentencing. In addition, Cummings testified that, at 4 a.m. in the police station, after he had been advised of his rights, defendant initially denied involvement in McCoy's murder. 2052, 2066, 80 L.Ed.2d 674.) A subpoena is a compulsory process for obtaining witnesses or documentary evidence in all criminal prosecutions and is guaranteed by the sixth amendment. david ray mccoy sheila daniels chicago. People v. Crespo, 203 Ill.2d 335, 347-48, 273 Ill.Dec. (See People v. Majer (1985), 131 Ill.App.3d 80, 86 Ill.Dec. When he asked who it was, the police identified themselves and told him to open the door and let them in. Similarly, in Hinton, this court rejected the defendant's argument that the postconviction court erred in quashing his subpoenas requesting any complaints involving excessive force against the officers identified in the defendant's case. See Supreme Court Rule 413(c) (134 Ill.2d R. 413(c)) (requiring that the State be informed of, and permitted to inspect and copy or photograph, any reports or results, or testimony relative thereto, of physical or mental examinations ***.). (Strickland v. Washington (1984), 466 U.S. 668, 687, 104 S.Ct. Defendant argues that Sheila's statement "figured prominently" in the court's determination and thus, because that statement was "admitted solely due to defense counsel's efforts[,] obviously defendant has been deprived of effective assistance of counsel.". In the instant case, the defendant shot her live-in boyfriend by shooting him. 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. She alleged that police informed her that they would continue beating Tyrone and might even subject her to physical cruelty unless she made admissions relating to her involvement in McCoy's murder. Home > Blog > Uncategorized > david ray mccoy obituary chicago. Countering defendant's motion to suppress, the State presented the testimony of Michael Cummings, the Chicago police detective assigned to investigate McCoy's murder. Defendant must thus establish "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Applying the analysis used in Hobley I and Hobley II to the facts before it, this court in Hinton held that the new evidence presented in the defendant's postconviction petition did not entitle the defendant to an evidentiary hearing because he, like Hobley, did not present sufficient evidence of an injury. In response, the police told him that he "might as well tell everything * * * because your sister is fixing to go to jail for a murder." Defendant did not assert this as a ground for suppressing her statement until her first amended motion before Judge Urso. They reportedly then drove McCoys body in his Cadillac to the alley and left him thereso sad. IV. Detectives eventually found out that McCoy was killed over something extremely senseless. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. . The State lastly presented the testimony of Mitra Kalelkar, the medical examiner, who stated that she was unable to determine which bullet had been fired first, the one in the back of McCoy's neck or the two in his forehead. This court first looked to the holdings in People v. Hobley, 159 Ill.2d 272, 202 Ill.Dec. 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. }); Copyright 2015 . She also stated that Anthony had been beaten by the police in an attempt by the officers to frighten, intimidate and otherwise coerce [her] into making admissions to the crime charged. Defendant again sought a hearing on her motion to suppress. 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. AIR Awareness Outreach; AIR Business Lunch & Learn; AIR Community of Kindness; AIR Dogs: Paws For Minds AIR Hero AIR & NJAMHAA Conference 185, 786 N.E.2d 1019 (2003), to determine whether a different result is warranted. 58, 539 N.E.2d 368 (1989), this court stated: With regard to pretrial motions to suppress evidence, the rule is that once a motion to suppress has been ruled upon by one judge, that motion cannot be relitigated later before another judge, absent a showing of exceptional circumstances or of additional evidence that has become available since the first hearing to suppress. 26/02/2023 . Anthony was questioned and released. David Ray McCoy was an American businessman and millionaire. 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. People v. Daniels, 272 Ill.App.3d 325, 208 Ill.Dec. Stay up-to-date with how the law affects your life. Defendant acknowledges that in Daniels I this court ruled that defendant had voluntarily accompanied officers to the police station, but she argues that is a separate and distinct issue from whether she was advised of her Miranda rights. He was born on March 6, 1935 in Pearl River County, Mississippi, United States to Jesse McCoy (1897-1967) and Violee Byrd McCoy (1901-1991). The testimony presented established that Sheila Daniels and her daughter lived with McCoy. He was 52 years old. 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. That fact alone distinguishes defendant's case from the Greenspawn case where the X-ray technician had testified as to the authenticity of the X-rays. Crespo, 203 Ill.2d at 348-49, 273 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. Afterwards, defendant was interviewed by the assistant State's Attorney and gave substantially the same version. The circuit court expressly found that she was not arrested or seized in her home, but instead voluntarily accompanied the officers to the police station. Accordingly, the judgment of the circuit court of Cook County is affirmed in part, vacated in part and this case is remanded for resentencing. In her second amended motion to quash arrest and suppress statements filed on May 21, 1996, defendant again alleged she had made admissions due to the physical abuse Tyrone had endured at the hands of the police. 38, par. At that time, he had a girlfriend named Shiela Daniels. However, we are unpersuaded by defendant's reliance upon Thompson. A jury of nine women and three men returned a verdict of guilty of first-degree murder against Sheila Daniels, 41, late Monday night. In reliance upon this two-part inquiry, defendant argues that no longer does a defendant's voluntary and consensual trip to the police station to answer questions end the inquiry as to whether the defendant is in custody and entitled to Miranda warnings, as was ruled by Judge Toomin and this court in Daniels I. 12, 735 N.E.2d 616. 509, 554 N.E.2d 444. Defendant then took the gun away from his sister and put it in his pocket. After denial of defendant's motion to suppress, trial commenced. His statement to the assistant State's Attorney, transcribed by a court reporter, was simply what the police told him to say. She asserts that Judge Urso should have allowed her to reopen for proofs because neither Judge Toomin nor this court ruled on the claims she now advances for suppression of her statements, those being her questioning without the benefit of Miranda warnings while in custody on November 17-18, 1988, and that her statements were coerced and made involuntarily. This argument is without merit. 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. Sheila then left the room and Cummings interviewed defendant again. Daniels, 230 Ill.App.3d at 532, 172 Ill.Dec. 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. 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. Judge Toomin then cited several cases supporting his holding and found that defendant's testimony was incredible. target_type: 'mix' When asked on direct whether the records reflect and relate to the injuries that [defendant had] already testified [she] sustained in the incident with Ray McCoy, defendant responded, Yes.. 82, 502 N.E.2d 345 (1986). After discussing the fourth amendment issue, Judge Toomin continued: The other ground that the court notes from the motion is centered in both the 5th and 6th Amendments alleging a denial of her right to have an opportunity to consult with counsel, coupled with repeated questioning of her over a long period of time during which she was allegedly held incommunicad [o] *** and also that her will was overborne and she was impliedly coerced by the detective involved here., After a very lengthy recitation of defendant's testimony at the evidentiary hearing, Judge Toomin specifically said that defendant testified she was questioned repeatedly, though she asked to call Edward Vrdolyak [sic] who she considered to be her attorney.. After the trial court denied defendant's amended motion to quash arrest and suppress statements, she was granted leave to file an amended motion to suppress statements. Defendant's final argument with respect to Judge Urso's denial of her motion for hearing is that his refusal to hold a hearing deprived defendant of her right to appeal. Prior to his trial, the defendant filed a motion to suppress claiming statements he had given police were the result of police torture. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1. sunderland ontario new homes / can alcohol make you gain weight overnight / david ray mccoy; david ray mccoy . by January 24, 2023 sanford bishop wife. Defendant did not ask the trial court to consider Tyrone's testimony at his motion to suppress in ruling on her motion to suppress. After defendant allowed the police entry, he was told to get up against the wall and to drop the blanket which he had wrapped about his naked body. 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. v. Defendant-Appellant. Hobley I, 159 Ill.2d at 312, 202 Ill.Dec. 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 PEOPLE of the State of Illinois, Plaintiff-Appellee, Business man & Millionaire. In People v. Lawson, 327 Ill.App.3d 60, 261 Ill.Dec. Considering the facts of the instant case, we simply cannot say that the State has meet its burden to show that the evidence was so overwhelming that the crime was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty so that we have no doubt that a jury would have made this finding. She also asserted that incriminating statements she had given investigators were made in the absence of Miranda warnings and resulted from prolonged questioning and refusals by police to allow her to contact her attorney and family, which was a violation of her fifth and sixth amendment rights. As no such special circumstances were presented in Enis, there was no abuse of discretion in the trial court's refusal to revisit its rulings on these matters in preparation for [the] defendant's second trial. Enis, 163 Ill.2d at 387, 206 Ill.Dec. Sheila Daniels, 41, first convicted in 1990, was. 38, par. 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. Specifically, defendant contends that his trial counsel failed to effectively present his motion to suppress; failed to effectively argue the applicable law regarding accountability; successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels; and refused to permit him to testify at trial. As the State properly asserts, this court is unable, based upon the record, to determine the merits of defendant's claim. See People v. Williams, 138 Ill.2d 377, 392, 150 Ill.Dec. The record, however, does not support the contention that defendant was influenced to a great extent by his sister. 241, 788 N.E.2d 1117 (2003). 1, 670 N.E.2d 679. Likewise, during closing argument, defense counsel argued that nothing in defendant's statements indicated that he had any knowledge of Sheila's intent to shoot McCoy or in any way "aided, assisted, abetted, or [was] otherwise involved in this.". 321, 696 N.E.2d 313. 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. Defendant has cited no authority in support of this claim and it is therefore waived. at 465, 133 L.Ed.2d at 394. 767, 650 N.E.2d 224. A trial court retains jurisdiction to reconsider an order it has entered, even after remand, as long as the cause is pending before the trial court.
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