david ray mccoy sheila daniels chicago

Defendant makes much about the fact that the jury wanted to review the medical records, arguing that because the jurors were denied access to the records, they probably believed defendant was lying about the beating and therefore, convicted her for that reason. _taboola.push({ Her parents were never married. 103, 84 Ill.2d 436, 443, 50 Ill.Dec. David's death shocked many of his business associates as he spoke fondly of Daniels, and the two had been together for over ten years. Copyright 2023, Thomson Reuters. During the trial, the court was presented with transcripts of testimony from several witnesses in Sheila Daniels' jury trial. The order was affirmed on appeal. In making this determination, the Supreme Court stated that [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Apprendi, 530 U.S. at 490, 120 S.Ct. However, the issue is whether a proper foundation was laid for admission of them into evidence. container: 'taboola-right-rail-thumbnails', After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. On remand, the trial court allowed the State to use the other two statements that the appellate court had not addressed. 321, 696 N.E.2d 313 (1998) (Hobley II). Defendant argues next that recent case law and significant changes regarding the voluntariness of a defendant's confessions require a hearing on her motion to suppress. 498, 563 N.E.2d 385. david ray mccoy sheila daniels chicago. In doing so, we relied upon the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. Defendant next argues that his counsel erred in successfully obtaining the admission of Sheila Daniel's statement into evidence. David McCoy owned several hotels and nightclubs, and he was known to lend money to hundreds of people who wanted to start their own businesses. Father of actress LisaRaye McCoy. memorial page for David Ray McCoy (6 Mar 1935-13 Nov 1988), Find a Grave Memorial ID 52651554, citing Cedar Park Cemetery, Calumet Park . Tyrone did testify in this case at his own motion to suppress, which was completed before defendant's own motion was completed. She alleged that police informed her that they would continue beating Tyrone and might even subject her to physical cruelty unless she made admissions relating to her involvement in McCoy's murder. 604, 645 N.E.2d 856. Indeed, Tyrone raised this issue in his appeal. Her brother, Tyrone, was convicted and is serving a 60-year sentence for shooting McCoy twice more to make sure he was dead. Similarly, in Hinton, this court rejected the defendant's argument that the postconviction court erred in quashing his subpoenas requesting any complaints involving excessive force against the officers identified in the defendant's case. 1. 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. 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. mesquite to las vegas airport; greenville public school district address; houses for rent in huntsville, al under $600; Blog Post Title February 26, 2018. Call: daylight david baldacci ending explained; Email: soho house festival 2022 date; Toggle navigation 1825 train explosion best friend of charleston. The defendant was convicted following a second trial and he appealed arguing that the OPS report regarding abuse of arrestees at Area 2 was new evidence that was not available to the defendant prior to his first trial. The trial court responded that the records were not available and instructed the jury to continue deliberating. People v. Daniels, 272 Ill.App.3d 325, 208 Ill.Dec. Based on that statement, she considered him to be her attorney. Daniels I, 272 Ill.App.3d at 332, 208 Ill.Dec. People v. Feagans, 134 Ill.App.3d 252, 89 Ill.Dec. Daniels I, 272 Ill.App.3d at 333, 208 Ill.Dec. 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. Defendant testified that she later saw Tyrone at the police station and that he apparently had also been beaten. This court first looked to the holdings in People v. Hobley, 159 Ill.2d 272, 202 Ill.Dec. at 1527, 128 L.Ed.2d at 296. Following an investigation and attempts to trace the gun, police spoke with, and later arrested, Sheila Daniels, defendant's sister. In Crespo, our supreme court determined that sentences which violate Apprendi are reviewed under a plain error analysis when the defendant failed to object to the sentence in the circuit court. When the police arrived at defendant's apartment, Cummings and several other officers knocked on defendant's door and identified themselves. In addition to what he had told Cummings, defendant told her that Sheila and McCoy had been arguing when Sheila accidentally shot McCoy. She argues section 5-5-3.2(b)(2) of the Unified Code of Corrections (730 ILCS 5/5-5-3.2(b)(2) (West 1996)), which allowed the trial court to impose an extended sentence based upon his finding that the murder was accompanied by exceptionally brutal or heinous behavior, should have been decided by a jury, rather than the trial court. Following a second jury trial, where defendant's statements to police were again admitted, defendant was found guilty of first degree murder. Defendant contends next that the trial court erred in not allowing the admission of medical records regarding treatment she had received following a beating from McCoy. 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. Accordingly, we find that defendant was not denied effective assistance of counsel due to his attorney successfully obtaining the admission of Sheila's statement. Daniels, 230 Ill.App.3d at 532, 172 Ill.Dec. 38, par. 698, 557 N.E.2d 468.) We further note that there was credible evidence in the record that the deceased was an abusive domestic partner, indicating the existence of mitigating factors under sections 5-5-3.1(a)(4) and (a)(8) of the Unified Code of Corrections. The instant case is similar to Enis and dissimilar to Jones. 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. 767, 650 N.E.2d 224. The court then found such an independent basis existed and defendant was again convicted upon retrial. 143, 706 N.E.2d 1017. A jury of nine women and three men returned a verdict of guilty of first-degree murder against Sheila Daniels, 41, late Monday night. The two sisters are extremely close and were sure that they, along with their other sisters, have made their Pops proud. Consequently, Judge Toomin did not allow Anthony to testify during the hearing on that motion. 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. Appellate Court of Illinois, First District, Second Division. He was found shot to death in the back seat of his Cadillac, which was parked in a Southside Chicago alley. See 188 Ill.2d R. 341(e)(7); People v. Madej, 177 Ill.2d 116, 162, 226 Ill.Dec. In his first appeal, the defendant did not challenge the trial court's pretrial denial of his motions to quash arrest and suppress evidence. We do not dispute that the medical records in question are relevant. 918, 735 N.E.2d 569 (2000). Six days later, Daniels was arrested after the murder weapon, a .25-caliber Beretta, was traced to her. Post author: Post published: July 1, 2022; Post category: crawford funeral home obituary; Post comments: . 2052, 2064, 80 L.Ed.2d 674, 693; People v. Albanese (1984), 104 Ill.2d 504, 85 Ill.Dec. 604, 645 N.E.2d 856 (1994). Father of actress LisaRaye McCoy. As to the scope of the subpoenas, the defendant in Hinton sought only the complaints of excessive force made against the detectives who were identified in the defendant's case. 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. Countering defendant's motion to suppress, the State presented the testimony of Michael Cummings, the Chicago police detective assigned to investigate McCoy's murder. 256, 637 N.E.2d 992 (1994) (Hobley I), and People v. Hobley, 182 Ill.2d 404, 231 Ill.Dec. While this court in Daniels I did not provide an analysis of our holding affirming the trial court's denial of defendant's motion to suppress based on fifth and sixth amendment grounds, we certainly addressed the legal issue raised by defendant and we rejected it. The Jones court relied heavily on the holding in People v. Enis, 163 Ill.2d 367, 206 Ill.Dec. Defendant admitted this but said that her brother Anthony had stolen it from her and she gave the detectives his address. Another was where the defendant had been acquitted of some charges, thereby precluding him from seeking appellate review of the trial court's rulings. 38, par. Affirmed in part and vacated in part; cause remanded. 108, 744 N.E.2d 841] (2001)].. Thus, defendant's contention that his counsel did not provide adequate legal assistance in this regard must fail. Initially, defendant's case is not before us on a federal habeas review, and we therefore find application of the Court's holding in Thompson limited. Defendant then asked to see his sister, who was brought into the room. 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. 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. 767, 650 N.E.2d 224. About 30 minutes later, she accompanied police to Tyrone's home, where he was arrested and taken to the police station. 64, 762 N.E.2d 633. 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. However, this court, presented as it is with a record containing no support for defendant's assertion, must resolve the question against him. As for defendant's claim that there was new evidence upon which to reopen the motion to suppress statements, again, we disagree. The State argued that the doctrine of law of the case barred a subsequent hearing on defendant's motion. Based upon the foregoing, we find that, based upon defendant's assertions of error, defendant was not denied effective assistance of trial counsel. 447, 548 N.E.2d 1003 (1989). In her second amended motion to quash arrest and suppress statements filed on May 21, 1996, defendant again alleged she had made admissions due to the physical abuse Tyrone had endured at the hands of the police. }); Copyright 2015 . Again, the record does not support defendant's assertion. After an evidentiary hearing, Judge Toomin denied defendant's motion to suppress. Defendant eloquently states her position in her reply brief, where she explains that in her view: [T]he [law of the case] doctrine applies not to motions' as such, but, rather, to legal issues determined almost invariably after a hearing. Patterson, 192 Ill.2d at 138-45, 249 Ill.Dec. 272, 475 N.E.2d 269. The Williams court stated: [N]one of our Taylor line of cases limited the Taylor rule only to those subsidiary issues that may actually have been considered by a judge whose appealable order a judge of coordinate authority later undertakes to modify. Click on the case name to see the full text of the citing case. His statement to the assistant State's Attorney, transcribed by a court reporter, was simply what the police told him to say. (See People v. Majer (1985), 131 Ill.App.3d 80, 86 Ill.Dec. After defendant let the officers into his apartment, the police asked him his name and, when he answered, they placed him under arrest, advising him of his constitutional rights. Defendant was asked to go to the police station to assist in reviewing the telephone logs. The second trial court denied this petition but did hold an independent basis hearing for the suppressed in-court identification. While other reports suggest that Daniels killed himafter the two had an argument at their home over a high electric bill. 829, 799 N.E.2d 694 (2003). See also People v. Watts (1992), 226 Ill.App.3d 519, 168 Ill.Dec. On appeal, this court rejected the defendant's argument which we characterized as being based on a claim of new evidence. 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. She testified that she gave a court-reported confession to a woman attorney, not realizing that she was an assistant State's Attorney. v. Defendant-Appellant. 1000, 688 N.E.2d 693. Viewing the matter in terms of the doctrine of law of the case, there is no bar to the trial court conducting a new hearing. 300, 631 N.E.2d 303 (1994). This new evidence consisted of a report from OPS and transcripts of testimony from other alleged victims of abuse. Sheila was slapped with an 80 year sentence and Tyrone was hit with 60 years. He initially told the police that he did not know anything about the death of McCoy. Rather, the only evidence presented that defendant acquiesced to his sister's will was his statement that he took her advice to "tell the truth.". at 2362-63, 147 L.Ed.2d at 455. 12, 751 N.E.2d 65 (2001). Detectives eventually found out that McCoy was killed over something extremely senseless. In general, under the law of the case doctrine, a rule established as controlling in a particular case will continue to be the law of the case, provided the facts remain the same. Judge Toomin cited several cases which supported his holding and made extremely detailed findings of fact. 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. Judge Presiding. We stated that, Pursuant to Hobley II, defendant's argument fails. Each of the Taylor line of cases speaks of an order itself, not merely of issues upon which the order may or may not have turned. Williams, 138 Ill.2d at 390-91, 150 Ill.Dec. [People v. Henderson, 36 Ill.App.3d 355, 370, 344 N.E.2d 239 (1976).] She testified that she told him to sign the papers so they could go home but Tyrone refused. In pertinent part, this included the following: On November 14, 1988, Edward Vrdolyak, an attorney and longtime friend, came to [defendant's] home and offered to help. In People v. Hattery, 183 Ill.App.3d 785, 805-06, 132 Ill.Dec. The special circumstances present in Jones was the fact that the appellate court had previously reversed the defendant's conviction and held that the trial court's denial of a motion to suppress as to one of three statements was erroneous. This court reversed, holding [s]ince the State did not raise the attenuation and independent basis issues at the hearing on the motion to suppress, the State cannot raise them after the order to suppress is final and has been affirmed on appeal. Lawson, 327 Ill.App.3d at 65, 261 Ill.Dec. 604], 645 N.E.2d at 865. 1 On appeal, with one justice dissenting, this court ruled, inter alia, that the trial court did not err in denying defendant's 20, 595 N.E.2d 83 (1992). This court also rejected the State's argument that because the first trial judge did not address the issues of attenuation or independent basis, the second trial judge was not precluded from considering these issues. It is improper for the jury to take items with them to the jury room during deliberations which have not been admitted into evidence. As for the voluntariness of her confession, Judge Toomin, citing People v. Dodds, 190 Ill.App.3d 1083, 138 Ill.Dec. The Jones court subsequently found this error did not require reversal. 312, 556 N.E.2d 1214. After hearing argument on the City's motion, the trial court quashed defendant's subpoena seeking photographs of the officers assigned to Area 2 at the time she was questioned there. The fact that defendant did not ask for this to be done indicates that defendant's theory in her first motion to suppress had nothing to do with Tyrone's condition. 267, 480 N.E.2d 153 (1985).]. v. There, our supreme court reversed the defendant's murder conviction based on the prosecutor's improper cross-examination. In the rear seat of his Cadillac, which was parked in a South Side Chicago alley, he was discovered shot to death. david ray mccoy sheila daniels chicago. A trial court retains jurisdiction to reconsider an order it has entered, even after remand, as long as the cause is pending before the trial court. IV. Defendant appears to be redrafting motions to suppress, after having the benefit of Judge Toomin's ruling and our affirmance of that ruling, in an attempt to put a new spin on an old motion. Tyrone did not testify at defendant's motion to suppress. After the stipulations to the transcripts, Cummings gave essentially the same testimony that he had given in the suppression hearing. The reason the evidence is new is that Tyrone would have invoked his fifth amendment right against self-incrimination had he been called to testify at defendant's motion to suppress. On September 16, 1997 just one year before Lisa Raye made her debut in The Players Club and during the height of Da Brats multiplatinum selling career- their dads girlfriend, Sheila Daniels, was officially convicted AGAIN for his murder. Before trial, counsel for defendant filed several motions to suppress statements made by defendant after his arrest and to suppress evidence the police recovered in defendant's apartment. We have vacated our prior opinion in a separate order and we determine that our prior decision to vacate the defendant's extended-term sentence was proper. In denying defendant's request for a hearing on her motion to quash arrest and suppress evidence, Judge Urso stated that the issues raised in the motion were properly litigated at the trial level and ruled upon by the appellate court. Judge Urso found that there was no new evidence nor were there exceptional circumstances warranting a hearing on the motion. 453, 685 N.E.2d 908 (1997). Sheila was slapped with an 80 year sentence and Tyrone was hit with 60 years. For the reasons set forth below, we affirm defendant's conviction, vacate her sentence and remand for resentencing. As pointed out earlier, this is an entirely new theory raised by defendant after the denial of her first motion to suppress and affirmance on appeal of that denial. The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sheila DANIELS, Defendant-Appellant. Putting aside the fact that this claim is nothing more than mere speculation on defendant's part and ignores all of the evidence presented by the State in support of her conviction, the fact remains that a proper foundation was not laid for admission of the records into evidence. She also stated that Anthony had been beaten by the police in an attempt by the officers to frighten, intimidate and otherwise coerce [her] into making admissions to the crime charged. Defendant again sought a hearing on her motion to suppress. 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. She alleged that during her interrogation, officers engaged in conduct calculated to psychologically and physically coerce her into making admissions as to her involvement in McCoy's murder, including exhibiting her brother Tyrone to her. Sheilawas slapped with an80 year sentence and Tyrone was hit with 60 years. 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. (People v. Whittaker, 199 Ill.App.3d 621, 629, 145 Ill.Dec. Defendant then emptied McCoy's wallet of money, and dumped it in a trash bin at a McDonald's restaurant. Lisa Raye (best known to us old schoolers as Diamond in the Players Club) and rapper, Da Brat, are biological sisters with the same father, David Ray McCoy. In her statement to the polygraph operator, defendant said Tyrone had the gun and he shot McCoy. 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. 304, 745 N.E.2d 78 (2001); People v. Chanthaloth, 318 Ill.App.3d 806, 816, 252 Ill.Dec. In response, the police told him that he "might as well tell everything * * * because your sister is fixing to go to jail for a murder." 767, 650 N.E.2d 224. Finally, the court found incredible defendant's testimony that the assistant State's Attorney purported to be her attorney, and stated that no credible evidence existed that her will was overborne or that she had invoked her right to counsel. Daniels I, 272 Ill.App.3d at 334, 208 Ill.Dec. M. Graham, Cleary & Graham's Handbook of Illinois Evidence 803.11, at 830 (7th ed.1999). 9-1(a)), armed robbery (Ill.Rev.Stat.1987, ch. Make an enquiry and our team will be get in touch with you ASAP. The supreme court reversed that determination and granted the defendant a hearing on his petition. See People v. Williams, 138 Ill.2d 377, 392, 150 Ill.Dec. He died at the age of 52 years . * * * She said, just tell him the truth. 887, 743 N.E.2d 1043 (2001). She claims the propriety of the police conduct once she arrived at Area 2, which implicates a fifth amendment violation, has never been ruled upon. Throughout the years, Da Brat and Lisa Raye havent spoken much publicly about their fathers murder. 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. 38, par. david ray mccoy sheila daniels chicagosteve jacobson fairway net worth. The court then denied defendant's motion to suppress her oral and written statements. 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. 2052, 2064-65; People v. Davidson (1990), 196 Ill.App.3d 634, 638, 143 Ill.Dec. The court continued: As to the right to counsel, it is, of course, the State's burden to establish the voluntariness and this essentially refines itself to issues of credibility in this case. Daniels. 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. Maxwell, 173 Ill.2d at 120-21, 219 Ill.Dec. 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. In finding error in the trial court's refusal to admit the X-rays, the supreme court stated they should have been admitted because they tended to sustain the defendant's alibi. Greenspawn, 346 Ill. at 491, 179 N.E. McCoy was found shot to death on November 13, 1988 in the back seat of his Cadillac, which was parked in a Southside Chicago alley. In People v. Maxwell, 173 Ill.2d 102, 219 Ill.Dec. David Ray McCoy was an American businessman and millionaire. The facts in the instant case do not begin to arise to the level of the evidence presented by the defendant in Hinton. After the defense rested, the State objected to the admission of the medical records into evidence, on the ground that a proper foundation had not been laid. Choices which are made on the basis of strategic considerations after a thorough investigation of all matters relevant to plausible options have traditionally been considered to be unchallengeable. Da Brat was born on April 14, 1974, as Shawntae Harris in Joliet, Illinois and was raised on the West Side of Chicago, Illinois. (Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. (1) On appeal, with one justice dissenting, this court ruled, inter . 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. Defendant then took the gun away from his sister and put it in his pocket. 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." She further alleged that prior to seeing her brother Anthony in a beaten condition, police had threatened to charge her and/or Anthony with McCoy's murder for which they could receive the death penalty. During cross-examination, Cummings acknowledged that there was nothing in his investigation which would indicate that defendant had knowledge of, or assisted in, Sheila's plan to shoot McCoy. A South Side woman has been convicted for the second time of killing millionaire David Ray McCoy, her live-in boyfriend, in 1988. 767, 650 N.E.2d 224, is helpful to an analysis of this issue. 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. Daniels had confessed to shooting McCoy, her live-in boyfriend and a paraplegic. On remand to the trial court, the defendant renewed these motions and the trial court denied the defendant's request to reconsider. 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. 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.. Shortly after arriving at the police station, the detectives confronted defendant with the fact that she owned the gun. Thompson, 516 U.S. at 116, 116 S.Ct. Moreover, the fact that defendant did not get the records until the day she testified in her retrial violated the letter and spirit of our rules relating to discovery. Shortly thereafter, defendant was interviewed by an assistant State's Attorney, who advised him of his rights. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Following a jury trial in 1990 before Judge Michael P. Toomin, defendant Sheila Daniels was convicted of the first degree murder of her paraplegic boyfriend, David McCoy, and was sentenced to an 80-year prison term. That fact alone distinguishes defendant's case from the Greenspawn case where the X-ray technician had testified as to the authenticity of the X-rays. 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. (Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 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. The trial court's ruling with respect to a motion to quash a subpoena will not be reversed unless the trial court's finding of fact was manifestly erroneous. People v. Staten, 89 Ill.App.3d 1113, 1116, 45 Ill.Dec. The PEOPLE of the State of Illinois, Plaintiff-Appellee, window._taboola = window._taboola || []; 356, 547 N.E.2d 523 (1989), and People v. Nicholls, 42 Ill.2d 91, 245 N.E.2d 771 (1969), ruled that defendant's confession was voluntary. Further, because we find that the decision to use Sheila's statement was a matter of trial tactics, that decision has no bearing on the issue of competency of counsel.