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People v. Robinson9/24/2003
antage point close enough to allow them to be identified. The trial court also specifically found that small discrepancies in the testimony of the eyewitnesses were adequately explained as being caused by nerves and anxiety. The trial court then found Robinson guilty of first degree murder and attempted first degree murder.
On direct appeal, Robinson was represented by two different attorneys, neither of whom represented Robinson at trial. The first public defender sent Robinson a letter indicating that he would be better off not choosing to file a direct appeal. That attorney indicated that the trial court had made a sentencing error in his favor and, by seeking direct appeal, Robinson might be alerting the prosecution or the trial court to the error, which could result in a longer period of incarceration. The public defender also indicated to Robinson that the choice was entirely his. Thereafter, the public defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 (1967). This court denied the public defender's request to withdraw, ordering him to file an appellate brief on Robinson's behalf. Robinson thereafter filed a motion for leave to proceed pro se, which this court denied.
The public defender subsequently filed a brief based upon the one-act, one-crime doctrine. Robinson filed a motion for leave to file a pro se supplemental brief. The State then filed a confession of error with respect to the one-act, one-crime issue. This court thereafter issued an order granting the State's confession of error, ordering the trial court to correct the mittimus. This court also denied Robinson's request to file the pro se supplemental brief. This court did, however, issue an order permitting the defense to file an additional brief on direct appeal. In that brief, the assistant appellate defender asserted that the sentencing court erred in considering three victim impact statements instead of just one. This court, in an order pursuant to Supreme Court Rule 23, affirmed the trial court's judgment. People v. Robinson, No. 1-99-2348 (November 21, 2001)(unpublished order under Supreme Court Rule 23).
While the direct appeal was pending, Robinson filed a post-conviction petition. Robinson claims that he was denied a fair and impartial trial because the trial court was predisposed to find him guilty in light of his confession, which was later suppressed. Robinson also claims that trial counsel was ineffective for failing to object to hearsay statements of witnesses, investigate the case, object to uncorroborated testimony about defendant's drug activities, and move for substitution of judge. In support of his contentions, Robinson argues that potential witnesses Yolanda McNeal, Dye Damen, Dorothy Shaw and Lawrence McNeal were listed in various police progress reports yet not interviewed by counsel. Robinson also argues that his lawyer failed to investigate notes in a police progress report that the victims' family had a prior criminal history. Robinson also argues that his attorney should have secured a firearms expert to testify about how far spent shell casings are ejected from automatic weapons similar to those allegedly used by Robinson and Wilson. He argues that there was no explanation as to why there were shell casings found across the street but none where Robinson allegedly was standing, shooting the victims. Robinson also argues that his removal from his home without a warrant, detention by the police and participation in a police lineup constituted an unlawful seizure. Robinson argues that a motion to suppress evidence and quash the arrest was made but later abandoned by trial counsel without his consent. Robinson also claims that his trial cou
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