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People v. Doyle

Case Date: 02/04/2002
Court: 1st District Appellate
Docket No: 1-93-2254 Rel

FIRST DIVISION
February 4, 2002



1-93-2254


THE PEOPLE OF THE STATE OF ILLINOIS,

                        Plaintiff-Appellee,

                        v.

BRIAN DOYLE,

                       Defendant- Appellant,

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)		 Appeal from the
Circuit Court
of Cook County

No. 92 CR 12111

The Honorable
Fred G. Suria Jr.,
Judge Presiding.

JUSTICE COUSINS delivered the opinion of the court:

The defendant, Brian Doyle, was charged with unlawful use of a weaponand four counts of first degree murder for the deaths of Khalid Malcome andNathan Fowler. He was tried only on the murder counts. On October 26, 1991,the first trial culminated in a hung jury and mistrial because the jury couldnot come to an unanimous verdict. A second jury, empaneled on January 19,1993, found him guilty of both murders. He was sentenced to a term of naturallife without parole.

Defendant appealed alleging: (1) the trial court failed to find himguilty beyond a reasonable doubt at the first trial and therefore erred by notdirecting a verdict of acquittal; (2) the trial court erroneously denied hismotion to dismiss for Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S.Ct. 1194 (1963), violations; (3) prosecutorial misconduct; (4) the trial courterred in allowing certain evidence at trial; (5) ineffective assistance ofcounsel; and (6) cumulative errors denied him a fair trial.

BACKGROUND

On April 1, 1991, at approximately 6 p.m., the Chicago policedepartment received two "911" calls reporting shootings at Rick's Arcadelocated at 5111