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He died at the age of 52 years . 1, 670 N.E.2d 679. About 30 minutes later, she accompanied police to Tyrone's home, where he was arrested and taken to the police station. what happened to marko ramius; a bittersweet life full movie eng sub kissasian 1000, 688 N.E.2d 693. 64, 762 N.E.2d 633. window._taboola = window._taboola || []; 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. 2052, 2066, 80 L.Ed.2d 674.) Defendant did not ask the trial court to consider Tyrone's testimony at his motion to suppress in ruling on her motion to suppress. 688], 721 N.E.2d 1219, 1221 (1999), [judgment vacated by People v. Huff, 195 Ill.2d 87 [253 Ill.Dec. 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. 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 cited two facts which have been found to be special circumstances supporting a trial court's decision to hold new de novo hearings on motions to suppress after remand. 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. See M. Graham, Cleary & Graham's Handbook of Illinois Evidence 602.1, at 369 (7th ed.1999). See People v. Williams, 138 Ill.2d 377, 392, 150 Ill.Dec. People v. Patterson, 154 Ill.2d 414, 489, 182 Ill.Dec. She agreed to go along with the police because she was no longer able to resist and she wanted to go home. 767, 650 N.E.2d 224. Shortly thereafter, one of the police officers punched him in his stomach and grabbed him by his hair, knocking his head into the wall. 2348, 147 L.Ed.2d 435 (2000). 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. 592, 610 N.E.2d 16 (1992). 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. We follow those decisions and therefore, we vacate defendant's sentence and remand for imposition of a new sentence. 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. at 465, 133 L.Ed.2d at 394. Defense counsel explained that Tyrone, who would have asserted his fifth amendment privilege against self-incrimination at defendant's first trial, would testify at a subsequent hearing. Contact us. 103, 84 Ill.2d 436, 443, 50 Ill.Dec. (Strickland v. Washington (1984), 466 U.S. 668, 687, 104 S.Ct. list of chicago mobsters; sudocrem on scalp; best ucla dorms; recent food poisoning cases in australia 2021. uber santa barbara airport; hanako greensmith actress; wireshark serial port; gold rush todd hoffman. Defendant has cited no authority in support of this claim and it is therefore waived. Defendant also argues that Judge Urso should have held a hearing on her motion to suppress based upon the Supreme Court's decision in Stansbury v. California, 511 U.S. 318, 114 S.Ct. The judgment of the circuit court of Cook County is thus affirmed. at 467, 133 L.Ed.2d at 396. However, this court, presented as it is with a record containing no support for defendant's assertion, must resolve the question against him. 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. Ill. Rev.Stat.1985, ch. 241, 788 N.E.2d 1117 (2003). 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. For the reasons set forth below, we affirm defendant's conviction, vacate her sentence and remand for resentencing. In reversing that determination, the Supreme Court stated, We hold, not for the first time, that an officer's subjective and undisclosed view concerning whether the person being interrogated is a suspect is irrelevant to the assessment whether the person is in custody. Stansbury, 511 U.S. at 319, 114 S.Ct. In a separate bench trial, defendant's brother, Tyrone Daniels, was also convicted of first degree murder in connection with McCoy's death. 98 (1931), where the trial court refused to admit X-rays of the defendant's teeth into evidence. 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." (People v. Dredge (1986), 148 Ill.App.3d 911, 913, 102 Ill.Dec. 0. david ray mccoy sheila daniels chicago. When asked on direct whether the records reflect and relate to the injuries that [defendant had] already testified [she] sustained in the incident with Ray McCoy, defendant responded, Yes.. 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 PEOPLE of the State of Illinois, Plaintiff-Appellee, When the police arrived at defendant's apartment, Cummings and several other officers knocked on defendant's door and identified themselves. He was found shot to death in the back seat of his Cadillac, which was parked in a Southside Chicago alley. Finding that the circumstances surrounding the commission of the murder were brutal and heinous, Judge Urso sentenced defendant to an extended term of 80 years in prison. 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. 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." 457, 133 L.Ed.2d 383 (1995), her original motion to suppress would have been granted. HARTMAN, P.J., and SCARIANO, J. 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. 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. 887, 743 N.E.2d 1043 (2001). A jury of nine women and three men returned a verdict of. watford town hall vaccination centre contact. In the rear seat of his Cadillac, which was parked in a South Side Chicago alley, he was discovered shot to death. After Sheila left, defendant decided to cooperate with the police; however, he was still not advised of his constitutional rights. 604, 645 N.E.2d 856 (1994). 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. In People v. Hattery, 183 Ill.App.3d 785, 805-06, 132 Ill.Dec. 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. If a court of review has decided a legal issue then the successor judge may rely upon that ruling as settled law, and, in the absence of a change in the law by a still higher court, or new factual basis, apply it to the case before him or her. On appeal, this court rejected the defendant's argument which we characterized as being based on a claim of new evidence. This court affirmed Justice Toomin's denial of defendant's motion to suppress and therefore addressed defendant's fourth and fifth amendment rights. 143, 706 N.E.2d 1017 (1998), this court addressed the defendant's contention on appeal that he was entitled to an evidentiary hearing on his postconviction petition because he had new evidence which showed systematic torture at Area 2. He initially told the police that he did not know anything about the death of McCoy. Da Brat was born on April 14, 1974, as Shawntae Harris in Joliet, Illinois and was raised on the West Side of Chicago, Illinois. Defendant now appeals. Defendant then took the gun away from his sister and put it in his pocket. McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. (1) On appeal, with one justice dissenting, this court ruled, inter . Defendant's conviction arose from the November 12, 1988, shooting death of McCoy in the garage of the home that he, defendant and her daughter shared at 1654 East 92nd Street in Chicago. 9-1(a)), armed robbery (Ill.Rev.Stat.1987, ch. 58, 539 N.E.2d 368. As the defendant in the instant case objected to her sentence in the circuit court and on her direct appeal, we apply a harmless error analysis. Thus, we cannot say that the trial court's granting of the City's motion to quash the subpoenas was in error. 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. McCoy's then 32 year old live-in girlfriend of 10 years, Sheila Daniels, and her then 20 year old brother, Tyrone, were convicted of McCoy's murder in 1990. The two sisters are extremely close and were sure that they, along with their other sisters, have made their Pops proud. The instant case is similar to Enis and dissimilar to Jones. by January 24, 2023 sanford bishop wife. When he asked who it was, the police identified themselves and told him to open the door and let them in. The trial court denied admission of the records. A subpoena is a compulsory process for obtaining witnesses or documentary evidence in all criminal prosecutions and is guaranteed by the sixth amendment. See e.g., People v. Lee, 319 Ill.App.3d 289, 307, 253 Ill.Dec. As for Anthony, the police picked him up after defendant falsely implicated him as being involved in the homicide. This court rejected all of these arguments, finding that the circuit court properly denied her motion to suppress. Daniels I, 272 Ill.App.3d at 336, 208 Ill.Dec. After learning she had failed the exam, she implicated her brother Tyrone in McCoy's murder. Defendant sought a hearing on her motion to suppress. 98. In People v. Hinton, 302 Ill.App.3d 614, 236 Ill.Dec. The State appealed the suppression order, but only challenged the standard that the trial court applied. He was 52 years old. 767, 650 N.E.2d 224. In reliance upon Cannon, Patterson and King, defendant argues the OPS report constitutes new evidence, entitling her to a hearing on her reoffered amended motion to suppress. Cannon, 293 Ill.App.3d at 642-43, 227 Ill.Dec. 604, 645 N.E.2d 856 (1994). Lying on the floor next to McCoy's head, police found a .25 caliber semi-automatic Beretta, later determined to be the weapon which caused McCoy's wounds. In support of her claim of error, defendant relies upon People v. Greenspawn, 346 Ill. 484, 179 N.E. A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. 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. David was a successful businessman and owned many hotels and nightclubs. We humbly honor the old school soul music era and will keep pushing forward to keep it alive. Defendant then emptied McCoy's wallet of money, and dumped it in a trash bin at a McDonald's restaurant. 594, 789 N.E.2d 768) and reconsider our decision in light of the holdings in People v. Crespo, 203 Ill.2d 335, 273 Ill.Dec. Thereafter, defendant drove McCoy's car to an alley near McCoy's place of business, with Sheila following in her own car. Categories . His conviction and sentence were affirmed in People v. Daniels, 230 Ill.App.3d 527, 172 Ill.Dec. Countering defendant's motion to suppress, the State presented the testimony of Michael Cummings, the Chicago police detective assigned to investigate McCoy's murder. 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. 58, 539 N.E.2d 368 (1989), this court stated: With regard to pretrial motions to suppress evidence, the rule is that once a motion to suppress has been ruled upon by one judge, that motion cannot be relitigated later before another judge, absent a showing of exceptional circumstances or of additional evidence that has become available since the first hearing to suppress. david ray mccoy obituary chicagochris mccausland wife patricia. 12, 751 N.E.2d 65 (2001). Daniels had confessed to shooting McCoy, her live-in boyfriend and a paraplegic. McCoy, 53, a self-made millionaire and bon vivant, was found dead in the back seat of his black Cadillac on Nov. 12, 1988. 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. Nowhere does the record indicate that defendant was somehow controlled or dominated by his sister or that he would abide by her wishes to his own detriment. Thus, it is the position of *** defendant that the only law of the case in this case is the law pronounced by this court in its opinion in [Daniels I]. After this court reversed her conviction and remanded the case, defendant filed another motion to quash arrest and suppress statements, which was twice amended and once reoffered. 767, 650 N.E.2d 224. The trial court responded that the records were not available and instructed the jury to continue deliberating. Hobley subsequently filed a postconviction petition alleging that he had newly discovered evidence of police brutality at Area 2. (Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. Daniels, 230 Ill.App.3d at 532, 172 Ill.Dec. The testimony presented established that Sheila Daniels and her daughter lived with McCoy. She asserts that Judge Urso should have allowed her to reopen for proofs because neither Judge Toomin nor this court ruled on the claims she now advances for suppression of her statements, those being her questioning without the benefit of Miranda warnings while in custody on November 17-18, 1988, and that her statements were coerced and made involuntarily. 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. See People v. Golden, 342 Ill.App.3d 820, 277 Ill.Dec. 767, 650 N.E.2d 224. 2348, 147 L.Ed.2d 435 (2000). During argument on defendant's motion, defense counsel argued that new evidence, that being testimony from defendant's brothers, was now available. v. Owned motels and nightclubs in Chicago. Defendant next contends that his trial counsel erroneously misapprehended the applicable law on accountability. After hearing the testimony and the arguments of counsel, the court denied defendant's motion, finding that the police had probable cause to arrest defendant and that defendant's statements were not coerced by the police, but rather were voluntarily given. According to Cummings, defendant stated that Sheila Daniels shot McCoy in the back of his head while McCoy was seated in his car in his garage. See People v. Majer, (1985), 131 Ill.App.3d 80, 86 Ill.Dec. mode: 'thumbnails-rr1', 38, par. Click the citation to see the full text of the cited case. 498, 563 N.E.2d 385. The court then found such an independent basis existed and defendant was again convicted upon retrial. In so ruling, the Court stated that the ultimate determination for whether a defendant is in custody for Miranda purposes involved [t]wo discrete inquiries ***: first, what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave. Thompson, 516 U.S. at 112, 116 S.Ct. At 3 a.m. she was placed under arrest for McCoy's death and advised of her Miranda rights. Following a second jury trial, where defendant's statements to police were again admitted, defendant was found guilty of first degree murder. 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. In fact, the section of Cleary and Graham relating to the admission of medical and hospital records explains that while the requirement of calling all persons who made the entries to testify has virtually disappeared with respect to the admission of business records, it continues to be applied to medical records. 343, 795 N.E.2d 1011 (2003) and People v. Alvarez, 344 Ill.App.3d 179, 278 Ill.Dec. 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. 5-2(c); People v. Foster (1990), 198 Ill.App.3d 986, 145 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. 528, 589 N.E.2d 928. 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. 498, 563 N.E.2d 385 (1990). olivia rodrigo birth chart Contact me. Dr. Kalelkar stated, however, that if the bullet wound to the back of the neck was fired first, McCoy would have died instantly and thus, would have been dead at the time the two gunshot wounds to his forehead were inflicted. Consequently, Judge Toomin did not allow Anthony to testify during the hearing on that motion. 154, 704 N.E.2d 727 (1998). The trial court's decision not to revisit a matter previously litigated in reliance upon the law of the case doctrine will not be reversed absent an abuse of discretion. Post author: Post published: July 1, 2022; Post category: crawford funeral home obituary; Post comments: . david ray mccoy sheila daniels chicagosteve jacobson fairway net worth. 2348, 147 L.Ed.2d 435 (2000). 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. Defendant acknowledges that the support for his contention is not contained in the record, but he raises the error "so as to present defendant's ineffective assistance of counsel claim in it's (sic) proper perspective," promising to file a post-conviction petition raising this issue. 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. After a hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. David was found dead in 1988 in the back seat of his car. 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. PEOPLE v. DANIELS | FindLaw David Ray Mccoy was killed by his girlfriend of 10 years, Sheila Daniels, and her brother, Tyrone. Defendant then wiped all fingerprints off Sheila's gun and left it in the car by McCoy, locking all the doors of the car, which he left there. She had appealed her original 1990 conviction and ended up getting convicted for the exact same amount of time as her prior sentence- 80 years. This court recently addressed this issue. Applying this logic to the case before us, we reject appellate counsel's assertion that where neither a trial court nor a court of review has considered a legal issue, the law of the case doctrine is inapplicable to that issue. David Ray McCoy Cause Of Death: What happened to LisaRaye's father? airbnb with pool in detroit, michigan; firefly axolotl for sale twitter; super bowl 2022 halftime show memes instagram; what happened to suzanne pleshette voice youtube 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. Next, defendant moved McCoy's body to the back seat of the car, took McCoy's gun, and then shot McCoy twice in the forehead with Sheila's gun to "make sure that he was dead." 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. 143, 706 N.E.2d 1017. 69, 538 N.E.2d 444 (1988); People v. Mitchell, 297 Ill.App.3d 206, 209, 231 Ill.Dec. david ray mccoy sheila daniels chicago - vcasket.com The record reflects that he testified that he had been struck, but he also testified that he did not make his statement because of this mistreatment, he made it because defendant told him to cooperate. 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. _taboola.push({ In the absence of an agreement of the parties, medical reports are not admissible without the foundation testimony of the persons who made the entries in the record. Further, there is no credible evidence in this record that the defendant's will was overborne ***.. 241, 788 N.E.2d 1117. In Thompson, the Supreme Court held that a state court's determination as to whether a suspect was in custody while being interrogated for purposes of Miranda was not entitled to a statutory presumption of correctness during federal habeas corpus review, but was a mixed question of law and fact warranting independent review by a federal habeas court. Appellate Court of Illinois, First District, Second Division.https://leagle.com/images/logo.png. 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. Likewise, during closing argument, defense counsel argued that nothing in defendant's statements indicated that he had any knowledge of Sheila's intent to shoot McCoy or in any way "aided, assisted, abetted, or [was] otherwise involved in this.". Defendant further argues that because she had first-hand knowledge of the accuracy of the records, the trial court should have admitted them into evidence. On remand, the trial court allowed the State to use the other two statements that the appellate court had not addressed. George M. Zuganelis, Berwyn, for defendant-appellant. Our supreme court held that the new evidence did not alter its determination on direct appeal that the defendant did not suffer injuries consistent with his claims of abuse. 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. 1827, 1838, 144 L.Ed.2d 35, 53 (1999). 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. A review of Judge Toomin's statements in open court establishes that he applied this test when ruling on defendant's motion to suppress. 312, 556 N.E.2d 1214. He was 52 years old at the time. 592, 610 N.E.2d 16. container: 'taboola-right-rail-thumbnails', In fact, the motion to suppress at issue in Daniels I makes no mention of Tyrone's or Anthony's condition as a basis for defendant's statements. 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. His statement to the assistant State's Attorney, transcribed by a court reporter, was simply what the police told him to say. 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. Therefore, only those facts necessary for proper consideration of the instant appeal will be repeated here. People v. Staten, 89 Ill.App.3d 1113, 1116, 45 Ill.Dec. There is, however, a strong presumption that counsel's performance falls within the "wide range of professional assistance." 698, 557 N.E.2d 468.) This court first looked to the holdings in People v. Hobley, 159 Ill.2d 272, 202 Ill.Dec. See Supreme Court Rule 413(c) (134 Ill.2d R. 413(c)) (requiring that the State be informed of, and permitted to inspect and copy or photograph, any reports or results, or testimony relative thereto, of physical or mental examinations ***.). Listed below are the cases that are cited in this Featured Case. david ray mccoy sheila daniels chicago. Sheila Daniels "basically asked how [defendant] was doing. at 2362-63, 147 L.Ed.2d at 455. 918, 735 N.E.2d 569 (2000). 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. at 2351, 147 L.Ed.2d at 442. She asserts that had this court and Judge Toomin had the benefit of the United States Supreme Court's ruling in Thompson v. Keohane, 516 U.S. 99, 116 S.Ct. ], [The following is unpublished under Supreme Court Rule 23.]. Finally, defendant contends and that her 80-year extended-term sentence is unconstitutional under the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. In Hobley I, the supreme court found that it was not error for the trial court to bar the testimony at trial of three people who claimed they had also been abused by the same officer who abused Hobley. In the instant case, the defendant shot her live-in boyfriend by shooting him. As the State properly asserts, this court is unable, based upon the record, to determine the merits of defendant's claim. A woman twice convicted for the 1988 murder of South Side entrepreneur David Ray McCoy was sentenced Tuesday to 80 years in prison. David Ray McCoy (1935-1988) - Find a Grave Memorial Defendant testified that she later saw Tyrone at the police station and that he apparently had also been beaten. *, concur. David Ray McCoy Met His Demise at the Hands of His Then-Girlfriend Da Brat's father met his untimely death aged 52. Listed below are those cases in which this Featured Case is cited. Defendant was not hit or struck or in any manner mistreated during his interrogation. New theories supporting suppression do not constitute additional evidence that has become available since the first hearing to suppress. Hattery, 183 Ill.App.3d at 805-06, 132 Ill.Dec. 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. While searching the apartment, the police told him to get dressed, giving him some of his clothes; they did not, however, provide him any underwear or socks. Similarly, defendant argues the trial court should have admitted the medical records in this case because they supported her claim of self-defense in that they related to her state of mind at the time she shot McCoy. 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.