{ "id": 5498698, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS RAY JAMES, Defendant-Appellant", "name_abbreviation": "People v. James", "decision_date": "1981-10-15", "docket_number": "No. 15485", "first_page": "986", "last_page": "987", "citations": [ { "type": "official", "cite": "100 Ill. App. 3d 986" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "424 N.E.2d 985", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "98 Ill. App. 3d 852", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 8499980 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/98/0852-01" ] }, { "cite": "402 N.E.2d 936", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "82 Ill. App. 3d 551", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3224503 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/82/0551-01" ] }, { "cite": "68 L. Ed. 2d 378", "category": "reporters:federal", "reporter": "L. Ed. 2d", "case_ids": [ 6187603 ], "weight": 4, "pin_cites": [ { "page": "386" }, { "page": "1884-85" } ], "opinion_index": 0, "case_paths": [ "/us/451/0477-01" ] }, { "cite": "101 S. Ct. 3001", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1981, "opinion_index": 0 }, { "cite": "69 L. Ed. 2d 386", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1981, "opinion_index": 0 } ], "analysis": { "cardinality": 258, "char_count": 3385, "ocr_confidence": 0.921, "pagerank": { "raw": 4.947487136851577e-08, "percentile": 0.3109756591986637 }, "sha256": "6f66088df2174c8a263da78c6ca79eda13218af7fcac7da351f88b2279cdf846", "simhash": "1:62601c802ebf89c3", "word_count": 539 }, "last_updated": "2023-07-14T21:36:06.230892+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS RAY JAMES, Defendant-Appellant." ], "opinions": [ { "text": "Mr. JUSTICE MILLS\ndelivered the opinion of the court:\nMurder \u2014 40 years.\nWe affirmed.\nThe United States Supreme Court has sent it back to us.\nWe must now reverse and remand.\nJames\u2019 conviction for the murder of David Holler is here upon remand by the Supreme Court of the United States (James v. Illinois (1981),_U.S__, 69 L. Ed. 2d 386,101 S. Ct. 3001), which directed this court to reconsider our decision affirming the conviction in light of Edwards v. Arizona (1981), 451 U.S__, 68 L. Ed. 2d 378,101 S. Ct. 1880.\nDefendant\u2019s statement, implicating himself in the murder of David Holler, was admitted against him at trial. Although James invoked his right to have counsel present during interrogation while he was being transported to jail following his arrest, this court determined that James retracted this right by agreeing to talk to the officers without an attorney being present and by signing four waiver forms which state that he waived his Miranda rights. It was nearly 24 hours after he said he wanted an attorney present before James gave the statement sought to be suppressed. A full recitation of the factual setting involved here is set forth in our original opinion. People v. James (1980), 82 Ill. App. 3d 551, 402 N.E.2d 936.\nEdwards v. Arizona now requires suppression of defendant\u2019s statement.\nUnder Edwards, a finding that a statement is voluntarily given is insufficient to allow admission of a statement obtained from an accused who has invoked his right to have counsel present during custodial interrogation. Reasoning that additional safeguards are necessary when an accused asked for counsel, the court held that when an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation, even if he has been advised of his rights. An accused who has expressed his desire to deal with the police only through counsel is not subject to further interrogation until counsel has been made available, or unless the accused himself initiates further communications, exchanges or conversations with the police. Edwards v. Arizona (1981), 451 U.S__,_, 68 L. Ed. 2d 378, 386, 101 S. Ct. 1880,1884-85.\nThis additional safeguard \u2014 which precludes interrogation of an accused who has invoked his right to counsel until counsel has been made available \u2014 was not fulfilled in the instant case. Nor does the record support the State\u2019s contention that James himself initiated these interrogations. But see People v. Thomas (1981), 98 Ill. App. 3d 852, 424 N.E.2d 985.\nDefendant\u2019s conviction must therefore be reversed and the cause remanded for a new trial. Statements made by defendant James after he invoked his fifth and fourteenth amendment right to have counsel present during interrogation may not be admitted.\nReversed and remanded.\nTRAPP, P. J., and WEBBER, J., concur.", "type": "majority", "author": "Mr. JUSTICE MILLS" } ], "attorneys": [ "Daniel D. Yuhas and David Bergschneider, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.", "Edward Litak, State\u2019s Attorney, of Danville (Robert J. Biderman and Garry Bryan, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS RAY JAMES, Defendant-Appellant.\nFourth District\nNo. 15485\nOpinion filed October 15, 1981.\nDaniel D. Yuhas and David Bergschneider, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nEdward Litak, State\u2019s Attorney, of Danville (Robert J. Biderman and Garry Bryan, both of State\u2019s Attorneys Appellate Service Commission, of counsel), for the People." }, "file_name": "0986-01", "first_page_order": 1008, "last_page_order": 1009 }