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People v. Robinson9/24/2003
UNPUBLISHED
This matter is an appeal arising from an order of the trial court summarily dismissing defendant Emmanuel Robinson's petition for post-conviction relief. Following a bench trial, Emmanuel Robinson was found guilty of first degree murder, attempted murder and aggravated battery with a firearm. He received concurrent sentences of 45 years for the murder, 20 years on the attempted murder and 20 years on the aggravated battery with a firearm. On direct appeal, this court affirmed the murder and attempted murder convictions but vacated the conviction for aggravated battery with a firearm. For the reasons that follow, we reverse the summary dismissal of the post-conviction petition and remand the matter for further proceedings.
BACKGROUND
On July 10, 1997, Tommy McNeal (Tommy) was killed and his brother, Raleigh McNeal (Raleigh), was shot in an apparent drug-related incident. At trial, Raleigh testified that he and his brother were standing on the street corner in front of their mother's home. They were selling heroin while their family members were all outside. Raleigh and his brother were approached by a gray four-door car. Robinson emerged from the car along with his co-defendant, Arthur Wilson. Raleigh recognized Robinson because they lived in the same neighborhood and had known each other for approximately four years. Robinson warned the McNeal brothers to stop selling drugs on that corner because their sales were reducing Robinson's own profits. Raleigh testified that Tommy falsely denied selling drugs. Raleigh also testified that Robinson threatened to kill them. Robinson and Wilson then got back into the car and left the scene.
Later, at approximately 9 p.m. that evening, the McNeal brothers were back out on the corner. Again, Raleigh claimed that many of his family members were outside, including Raleigh's sister Claire McNeal (Claire). Both Raleigh and Claire saw a sensor light in the gangway illuminate when three men dressed in black emerged. Raleigh testified that he recognized two of the men as Robinson and Wilson. In addition to black pants and black turtleneck shirts pulled up to their lower lips, the three men wore black skullcaps. Claire testified that she did not see anything covering the men's faces and that she did not tell the police that the men wore masks. Raleigh testified that Robinson and the others opened fire. Raleigh was shot in the leg and Tommy was fatally wounded. When the police arrived, Raleigh gave Robinson's name. Three days later, Raleigh and Claire both picked Robinson out of separate lineups.
The crime scene was processed by Officer John Naujokas. Officer Naujokas recovered spent .38 automatic cartridges at the curb along with spent 9-millimeter cartridges. The medical examiner, Dr. Thamrong Chira, testified that Tommy died from multiple gunshot wounds. The accompanying toxicology report indicated that Tommy's blood-alcohol concentration was in excess of the legal limit for driving when he was killed.
Robinson presented his grandmother as a witness. She testified that Robinson was at her house from 5 p.m. until approximately 8:45 p.m. on the day in question. Robinson's grandmother also testified that, when Robinson left the house that evening, he was wearing a white T-shirt and blue jeans. On cross-examination, the prosecutor elicited from Robinson's grandmother that her house was approximately one block from the scene of the crime.
Both sides then made their closing arguments, after which the trial court made a factual finding that Raleigh and Claire were both credible witnesses. The trial court found that both of them had an unobstructed opportunity to see the shooters from a v
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