Summary
The Illinois Supreme Court reviews Robert Lee Evans Jr.'s direct appeal from his conviction for first degree murder and original death sentence. Because the Governor commuted the death sentence to natural life imprisonment, the court treats the sentencing-phase issues as moot and addresses the guilt-phase issues, including sufficiency of the evidence and substitution of judge.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to prove Evans guilty of first degree murder beyond a reasonable doubt.
- Whether the trial court improperly denied Evans's motion for automatic substitution of judge under 725 ILCS 5/114-5(a).
- Whether trial counsel was ineffective for failing to object to testimony concerning Evans's alleged statements about stabbing the victim and threatening to kill his grandmother.
- Whether the prosecutor's reference to O.J. Simpson during rebuttal argument constituted reversible plain error.
- Whether Evans's sentencing-phase claims remained justiciable after the Governor commuted his death sentence.
Holdings
- The evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational jury to find Evans guilty of first degree murder beyond a reasonable doubt.
- The motion for substitution of Judge Greanias was untimely under section 114-5(a) because Evans could be charged with knowledge of the judge's assignment more than 10 days before the motion was filed.
- Evans did not establish ineffective assistance because counsel's failure to object to the challenged statements did not satisfy both Strickland prongs.
- The challenged remarks did not constitute reversible error. The issue was waived, the evidence was not closely balanced, and the remarks were not sufficiently improper or prejudicial to warrant plain-error relief.
- The Governor's commutation of Evans's death sentence rendered his sentencing-phase issues moot, but did not eliminate the court's jurisdiction to resolve the remaining guilt-phase issues.
Factual background
Jerry Watson left home after receiving a telephone call and was later found dead with 20 stab wounds. Police recovered stereo equipment, clothing containing blood consistent with Watson's DNA, and an empty knife sheath from Evans's home. The prosecution also presented evidence that Evans repeatedly sought contact with Watson, made changing statements to police, and made incriminating statements to witnesses, while Evans argued that his younger brother committed the murder.
Procedural history
Following a jury trial, Evans was convicted of first degree murder, found eligible for the death penalty, and sentenced to death. He appealed directly to the Illinois Supreme Court. While the appeal was pending, the Governor commuted the death sentence to natural life imprisonment, rendering the sentencing-phase issues moot; the court addressed four guilt-phase issues and affirmed the conviction.