303, 585 N.E.2d 1325. In an unpublished portion of the opinion issued by this court on June 28, 2002, we vacated the defendant's 80-year extended term sentence based on the trial court's finding that the offense was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, we remanded the case for re-sentencing. david ray mccoy sheila daniels chicago 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. Further, he could not read or write and did not know that the consent form he signed meant that anything found in his apartment could be used against him in court. Defendant directs us to the testimony at her second trial where Lt. Phillip Cline of the Chicago police department was asked on redirect why on November 12 and 17 of 1988, he did not advise defendant of her Miranda warnings. He was 52 years old at the time. 38, par. Sheila and her brother Tyrone were both found guilty; Sheila was sentenced to 80 years in prison and Tyrone to 60 years. Although Sheila's statement is not contained in the record, the court's and the attorneys' allusions to that statement indicate that defense counsel attempted to use it to show that defendant was unaware that Sheila was going to shoot McCoy. 98. In Stansbury, prior to trial, the defendant moved to have statements he made while at the police station suppressed because at the time they were made, he was in custody, but had not been advised of his Miranda rights. Throughout the years, Da Brat and Lisa Raye havent spoken much publicly about their fathers murder. Defendant testified that she later saw Tyrone at the police station and that he apparently had also been beaten. The State argued that the doctrine of law of the case barred a subsequent hearing on defendant's motion. Defendant was clearly aware that she had seen Tyrone and he had been injured. Counsel further explained that Anthony's testimony, which Judge Toomin had precluded at the previous hearing, would also be presented. People v. Enis, 139 Ill.2d 264, 300, 151 Ill.Dec. Their beloved father was a paraplegic who was also a wellestablished Southside Chicago businessman. Specifically, defendant asserts that his trial counsel erroneously presented a coercion and physical abuse theory during the suppression hearing, rather than the more "viable" theory that defendant was influenced or controlled by his older sister. PEOPLE v. DANIELS | 595 N.E.2d 83 (1992) | 5ne2d831664 - Leagle See People v. Chengary, 301 Ill.App.3d 895, 897, 235 Ill.Dec. 604, 645 N.E.2d 856 (1994). 20, 595 N.E.2d 83 (1992). Strickland v. Washington, 466 U.S. 668, 688-89, 104 S.Ct. In his first appeal, the defendant did not challenge the trial court's pretrial denial of his motions to quash arrest and suppress evidence. 1000, 688 N.E.2d 693. Defendant first contends that Judge Urso erred in denying her a hearing on her motions to suppress filed after this court's decision in Daniels I. Sheila then entered the interrogation room and, after hugging defendant, told him loudly "to do whatever they say to do, we was (sic) gone (sic) go home and everything was gone (sic) be all right." The X-rays had been taken in Chicago at the same time he had allegedly attempted to negotiate a fraudulent check in Rockford. In People v. Cannon, 293 Ill.App.3d 634, 227 Ill.Dec. Shortly thereafter, one of the police officers punched him in his stomach and grabbed him by his hair, knocking his head into the wall. Sheila Daniels, 41, first convicted in 1990, was. See M. Graham, Cleary & Graham's Handbook of Illinois Evidence 602.1, at 369 (7th ed.1999). The PEOPLE of the State of Illinois, Plaintiff-Appellee, The second trial court denied this petition but did hold an independent basis hearing for the suppressed in-court identification. Thus, we cannot say that the trial court's granting of the City's motion to quash the subpoenas was in error. Her parents were never married. 98. The court also found that probable cause existed after defendant spoke with the polygraph operator and admitted knowledge of the murder. He was handcuffed tightly to the wall and was not allowed to go to the washroom. A person is legally accountable for the conduct of another when either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid the other person in the planning or commission of the offense. Again, the record does not support defendant's assertion. 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. Who Is Da Brat's Father? David Ray McCoy Passed Away Early 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. 453, 685 N.E.2d 908 (1997). at 465, 133 L.Ed.2d at 394. Presiding Justice QUINN delivered the opinion of the court: The email address cannot be subscribed. Da Brat was born on April 14, 1974, as Shawntae Harris in Joliet, Illinois and was raised on the West Side of Chicago, Illinois. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Affirmed in part and vacated in part; cause remanded. Please try again. In addition to what he had told Cummings, defendant told her that Sheila and McCoy had been arguing when Sheila accidentally shot McCoy. In this appeal, he contends that he was deprived of his right to effective assistance of counsel because his trial counsel (1) allegedly failed to effectively present his motion to suppress statements; (2) allegedly failed to effectively argue the applicable law regarding accountability; (3) successfully obtained the admission into evidence of the extrajudicial statement of Sheila Daniels, a codefendant; and (4) allegedly refused to permit him to testify at trial. 447, 548 N.E.2d 1003 (1989). Thereafter, the assistant State's Attorney spoke with defendant and advised him of his rights. The court then found such an independent basis existed and defendant was again convicted upon retrial. The police picked Anthony up based on defendant's utterly false story. At the time, he was also in the police station and was bleeding after having been beaten by police. AIR Awareness Outreach; AIR Business Lunch & Learn; AIR Community of Kindness; AIR Dogs: Paws For Minds AIR Hero AIR & NJAMHAA Conference 69, 538 N.E.2d 444 (1988); People v. Mitchell, 297 Ill.App.3d 206, 209, 231 Ill.Dec. Under the harmless error analysis, the burden is upon the State to prove that the jury verdict would have been the same absent the error to avoid reversal. Although the OPS report citing police misconduct at Area 2 has been brought to light since the time defendant and her brothers were questioned there, that does not alter the fact that defendant did not raise the issue of police brutality as a basis for suppression until years later. Aug. 13, 1997: WOMAN CONVICTED AGAIN IN SLAYING 1, 670 N.E.2d 679 (1996), the defendant similarly alleged that he was entitled to an evidentiary hearing on his postconviction petition because of newly discovered evidence regarding Area 2 which disclosed a pattern of brutality directed at suspects in custody. During argument on defendant's motion, defense counsel argued that new evidence, that being testimony from defendant's brothers, was now available. On November 4, 1988, after receiving reports of an abandoned car blocking an alley, police discovered the body of David Ray McCoy, lying face up with three gunshot wounds to the head, in the back seat of his car. Sheila was slapped with an 80 year sentence and Tyrone was hit with 60 years. v. Defendant-Appellant. 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." This court recently addressed this issue. To warrant the use of a pretrial subpoena, a defendant must show: (1) that the documents requested are evidentiary and relevant; (2) that the documents are not otherwise procurable reasonably in advance of trial by exercise of due diligence; (3) that he or she cannot properly prepare for trial without production and inspection in advance of trial and that failure to obtain an inspection may tend to unreasonably delay trial; and (4) that the application is made in good faith and is not intended as a general fishing expedition. Shukovsky, 128 Ill.2d at 225, 131 Ill.Dec. Defendant maintains that his trial counsel made "outlandish" arguments to the effect that defendant could not have killed McCoy because Sheila's gunshot had already killed him. 300, 631 N.E.2d 303 (1994). Issues (1) and (2) will be considered in published portions of this opinion and issues (3) and (4) will be determined in unpublished portions of this opinion. Upon the City's motion for reconsideration, the trial court, finding that defendant was undertaking a fishing expedition, granted the City's motion to quash the subpoenas. But she contended at the second trial that she had shot him only after McCoy verbally abused her and threatened her with his own gun. 12, 735 N.E.2d 616. David was killed by his then-long-term girlfriend, Sheila Daniels, and her brother. There is no question that a criminal defendant's prerogative to testify at his own trial is a fundamental right; the question of the exercise of that right is thus not a matter of a strategic or tactical decision best left to trial counsel. Defendant then took the gun away from his sister and put it in his pocket. At no time in the apartment did the police advise him of his constitutional rights. 604], 645 N.E.2d at 865; see also People v. Huff, 308 Ill.App.3d 1046, 1049 [242 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. David Ray Mccoy, who had been dating her for ten years, was killed by Sheila Daniels and her brother Tyrone. Anthony was questioned and released. In particular, she contested his determinations that she had voluntarily accompanied police to the station from her home on November 17, 1988, that she had not been tricked by police into accompanying them and that her statement to the polygraph operator was sufficient to establish probable cause for her arrest. David Ray McCoy (1935-1988) - Find a Grave Memorial Enis, 163 Ill.2d at 387 [206 Ill.Dec. 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. 2052, 2064, 80 L.Ed.2d 674, 693; People v. Albanese (1984), 104 Ill.2d 504, 85 Ill.Dec. The Jones court subsequently found this error did not require reversal. 241, 788 N.E.2d 1117 (2001) and People v. Thurow, 203 Ill.2d 352, 272 Ill.Dec. DAVID RAY MCCOY - We Africa Preview Prior to his trial, the defendant filed a motion to suppress claiming statements he had given police were the result of police torture. In the instant case, defendant maintains that he probably would not have been convicted had his attorney properly argued and presented his motion to suppress. Moreover, the record is devoid of any evidence demonstrating that defendant's statement was involuntary due to his emotional condition. Categories . 321, 696 N.E.2d 313 (1998) (Hobley II). In People v. Maxwell, 173 Ill.2d 102, 219 Ill.Dec. 498, 563 N.E.2d 385 (1990), which in turn relied upon the holding in People v. Taylor, 50 Ill.2d 136, 277 N.E.2d 878 (1971). Defendant now appeals. The appellate court held that the trial court had a duty to reconsider its ruling after the appellate court found the ruling as to one statement was erroneous. In her motion to suppress filed before her first trial and in the first motion to suppress filed with Judge Urso, defendant said nothing about Anthony's beaten condition as being a reason for her inculpatory statements. 688], 721 N.E.2d 1219, 1221 (1999), [judgment vacated by People v. Huff, 195 Ill.2d 87 [253 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 signed the court-reported statement without reading it because she did not have her eyeglasses. After Sheila left, defendant decided to cooperate with the police; however, he was still not advised of his constitutional rights. This new evidence consisted of a report from OPS and transcripts of testimony from other alleged victims of abuse. Shortly thereafter, defendant was interviewed by an assistant State's Attorney, who advised him of his rights. McCoy, 53, a self-made millionaire and bon vivant, was found dead in the back seat of his black Cadillac on Nov. 12, 1988. Defendant contends next that the trial court erred in quashing her subpoenas and asserts she should have been granted an evidentiary hearing on her motion to suppress based on the material sought in those subpoenas. 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. Tyrone did testify in this case at his own motion to suppress, which was completed before defendant's own motion was completed. 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. 241, 788 N.E.2d 1117. Shortly after arriving at the police station, the detectives confronted defendant with the fact that she owned the gun. 241, 788 N.E.2d 1117 (2003). David Ray Mccoy was killed by his girlfriend of 10 years, Sheila Daniels, and her brother, Tyrone. The Tragic Story, Why Millionaire Dad Of Lisa Raye & Da Brat Was The instant case is similar to Enis and dissimilar to Jones. watford town hall vaccination centre contact. 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 People v. Golden, 342 Ill.App.3d 820, 277 Ill.Dec. 312, 556 N.E.2d 1214. In her statement to the polygraph operator, defendant said Tyrone had the gun and he shot McCoy. Further, defendant cannot liken his situation to that of the defendant in People v. Rhoads (1979), 73 Ill.App.3d 288, 29 Ill.Dec. David Ray McCoy Met His Demise at the Hands of His Then-Girlfriend Da Brat's father met his untimely death aged 52. This court has consistently held that in cases where the defendants received an extended term of imprisonment pursuant to section 5-5-3.2(b)(2), the sentence must be vacated and the case remanded for resentencing. She asked to call Vrdolyak during the polygraph exam. 553, 696 N.E.2d 849 (1998). In connection with the motion to suppress, defendant filed two subpoenas duces tecum upon the City, requesting, inter alia, the production of all documents relating to disciplinary complaints against any of the officers at Area 2 who were expected to be called as witnesses at her trial. Sheila Daniels and her brother Tyrone killed David Ray Mccoy, who had been dating her for ten years. During the trial, the court was presented with transcripts of testimony from several witnesses in Sheila Daniels' jury trial. 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. 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. 185, 786 N.E.2d 1019], quoting Neder v. United States, 527 U.S. 1, 18, 119 S.Ct. david ray mccoy sheila daniels chicago | Future Property Exhibiitons (Strickland v. Washington (1984), 466 U.S. 668, 687, 104 S.Ct. Defendant testified at her suppression hearing before Judge Toomin that she had seen Anthony while at the police station and he appeared to have been beaten. 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. The supreme court reversed that determination and granted the defendant a hearing on his petition. Defendant said he understood those rights and agreed to give a statement to the State's Attorney, which was subsequently transcribed. People v. Enis, 163 Ill.2d 367, 387, 206 Ill.Dec. Defendant then took the gun away from his sister and put it in his pocket. david ray mccoy obituary chicago - sherifemodas.com A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. 304, 745 N.E.2d 78 (2001); People v. Chanthaloth, 318 Ill.App.3d 806, 816, 252 Ill.Dec. David McCoy (pictured in a framed photo in the above pic of Lisa Raye) was found shot to death on November 12, 1988 in the back seat of his Cadillac, which was parked in a Southside Chicago alley. In Daniels I, defendant argued, inter alia, that Judge Toomin had erred in denying her motion to suppress statements. Defense counsel argued that defendant had testified that she had reviewed the records, which accurately reflected the treatment she had received at the hospital. Defendant's statement, taken by the court reporter and given to Democopoulos, was then entered into evidence over defense counsel's continuing objection to the admission of defendant's statements to the police. Hobley subsequently filed a postconviction petition alleging that he had newly discovered evidence of police brutality at Area 2. Enis, 163 Ill.2d at 387 [206 Ill.Dec. Accordingly, we find that defendant was not denied effective assistance of counsel due to his attorney successfully obtaining the admission of Sheila's statement. 5-2(c); People v. Foster (1990), 198 Ill.App.3d 986, 145 Ill.Dec. Defense counsel specifically asked Detective Cummings whether there was "anything in any of Mr. Daniels' statements that would lead you to believe that Tyrone Daniels did anything to aid, assist or participate with Sheila Daniels in any way until after Sheila Daniels had shot Mr. McCoy," to which Cummings answered, "No." For the reasons set forth below, we affirm defendant's conviction, vacate her sentence and remand for resentencing. 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. 343, 795 N.E.2d 1011 (2003) and People v. Alvarez, 344 Ill.App.3d 179, 278 Ill.Dec. Stay up-to-date with how the law affects your life. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. His girlfriend and her brother were the ones convicted of the murder. No. 1-97-4354, People v. Daniels - Administrative Office of the In the original motion filed after remand, defendant stated that some time after 11:30 p.m. on November 17, 1988, officers showed defendant her brother Anthony, who at the time was handcuffed to a wall in the police station. Wilson v. Clark, 84 Ill.2d 186, 192, 49 Ill.Dec. See also People v. Watts (1992), 226 Ill.App.3d 519, 168 Ill.Dec. 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. As for the voluntariness of her confession, Judge Toomin, citing People v. Dodds, 190 Ill.App.3d 1083, 138 Ill.Dec. Click on the case name to see the full text of the citing case. Listed below are those cases in which this Featured Case is cited. After a hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. sunderland ontario new homes / can alcohol make you gain weight overnight / david ray mccoy; david ray mccoy . 592, 610 N.E.2d 16 (1992). 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. The officers then drove defendant to the police station, where they placed him in an interview room. 604], 645 N.E.2d 856, 864 (1994). 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.. 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. As we pointed out in Daniels I, defendant never asserted in her motion to suppress ruled upon by Judge Toomin that she confessed because she saw her brothers in a beaten condition. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. Six days later, Daniels was arrested after the murder weapon, a .25-caliber Beretta, was traced to her. 272, 475 N.E.2d 269.) See Greenspawn, 346 Ill. at 491, 179 N.E. During the hearing on the motions to quash the arrest and suppress evidence, defendant testified that, at approximately 3 a.m. on November 18, 1988, he was awakened by a knock at his door. david ray mccoy sheila daniels chicago - vcasket.com People v. Davis, 322 Ill.App.3d 762, 765, 256 Ill.Dec. Correspondingly, on review, the determination of the reasonableness of trial counsel's actions must be evaluated from trial counsel's perspective at the time of the alleged error, without hindsight, in light of the totality of the circumstances. 71, 356 N.E.2d 71 (1976). Without evidence of injury, it was not error to exclude the prior allegations of abuse. [People v. Henderson, 36 Ill.App.3d 355, 370, 344 N.E.2d 239 (1976).] In support, he attached to his petition an affidavit from an Illinois attorney, reports from OPS detailing the abuse at Area 2, findings from the Chicago police board regarding Area 2 and his own affidavit in which he asserted that he was beaten, pistol-whipped, shocked and suffocated. (1) On appeal, with one justice dissenting, this court ruled, inter . 267, 480 N.E.2d 153 (1985). See People v. Williams, 138 Ill.2d 377, 392, 150 Ill.Dec. Her time was divided between her father and her mother and grandmother and thus . Click the citation to see the full text of the cited case. Thompson, 516 U.S. at 116, 116 S.Ct. In the instant case, the defendant shot her live-in boyfriend by shooting him. Sheilawas slapped with an80 year sentence and Tyrone was hit with 60 years. Despite the presence of this fact, which was known to defendant at her first trial, she did not assert it as a reason for suppression before Judge Toomin. 2348, 147 L.Ed.2d 435 (2000). Tyrone DANIELS, Defendant-Appellant. (Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. David Ray McCoy Met His Demise at the Hands of His Then-Girlfriend Da Brat's father met his untimely death aged 52. iloveoldschoolmusic.com. However, we are unpersuaded by defendant's reliance upon Thompson. The Heartbreaking Story, Why Millionaire Dad Of Lisa Raye & Da Brat Was PEOPLE v. DANIELS | FindLaw Absent an abuse of discretion, this court will not reverse the trial court's determination with respect to the admission of exhibits into evidence. 249, 391 N.E.2d 512, who was high on LSD during police questioning, and suffering from emotional upset due to the unsettling news of his wife's death. People v. Crespo, 203 Ill.2d 335, 347-48, 273 Ill.Dec. at 2362-63, 147 L.Ed.2d at 455. On November 18, 1988, shortly after speaking with Sheila, police arrested defendant. She was born to a Chicago city bus driver mother Nadine Brewer and businessman father David Ray McCoy. 2348, 147 L.Ed.2d 435 (2000). After remand, defendant filed a second motion to suppress statements in which she asserted that she gave her confession because she was influenced by seeing Tyrone after he had suffered injures at the hands of the police. In her motion, defendant asserted that she had been illegally arrested in her home without a warrant in the absence of probable cause, which was a violation of her fourth amendment rights as guaranteed by the United States Constitution. Defense counsel argued that the necessity and/or sufficiency of Miranda warnings had not been previously raised. 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. v. 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. Defendant sought a hearing on her motion to suppress. Hinton, 302 Ill.App.3d at 622, 236 Ill.Dec. Also, at no time did Judge Toomin state that he was denying the motion to suppress based upon the opinions of police officers who questioned defendant as to their belief regarding whether defendant was in custody.. However, the issue is whether a proper foundation was laid for admission of them into evidence. IV. She testified that she told him to sign the papers so they could go home but Tyrone refused. She asserts their testimony constitutes new evidence, which bars application of the law of the case doctrine. memorial page for David Ray McCoy (6 Mar 1935-13 Nov 1988), Find a Grave Memorial ID 52651554, citing Cedar Park Cemetery, Calumet Park . The facts surrounding her stay at the police station and the content of various statements she made to police, including a statement taken by a court reporter wherein defendant admitted to shooting McCoy but claimed it was in self-defense, were laid out at length in Daniels I. david ray mccoy sheila daniels chicago. 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. 18-2(a)), and concealment of a homicidal death (Ill.Rev.Stat.1987, ch. Based on that statement, she considered him to be her attorney. Daniels I, 272 Ill.App.3d at 332, 208 Ill.Dec. Consequently, we find that defendant was not deprived of effective assistance of trial counsel by his counsel's failure to present the argument that defendant was psychologically influenced by his sister.