Case Analysis: Black Mobsters V.

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Facts: Before dawn on August 21, 1983, Petitioner and other members of “Vice Lords” street gang became in rival fight with “Black Mobsters”. James Jackson, from Black Mobsters, went to the home where Vice Lords fled to. A second fight broke out with petitioner and three others from gang and severely beat Jackson. Vice lords put Jackson in a car, drove to a nearby street and left him face down in a puddle of water. Later that morning police found Jackson dead, where he had been left. In the afternoon, the local police officers obtained warrants for the arrest of the Vice lords, on charges of battery and mob action, in connection with the first flight. One of the arrested gang members gave the police a statement concerning the first flight. The …show more content…

Petitioner was held in custody on the 22nd while law enforcement completed their investigation. On the 23rd, the Cook County grand jury indicted petitioner and two other gang members for the murder of Jackson. Petitioner was transferred to the cook County jail. When he learned that another member of Vice lord had been omitted he asked “why wasn’t he indicted, he did everything” and was told that there was a witness would support his account of the crime. Petitioner was interrupted and given a Miranda waiver form. Petitioner initialed and signed the form. Later that day petitioner confessed his involvement in the murder for the second time. George Smith, ASA, reviewed the Miranda waiver and Smith informed petitioner that he was a lawyer investigating the Jackson case. Petitioner gave another statement. Before the trial, petitioner argued that his statements were obtained in an odd manner. The trial court denied these motions and the statements were used at trial. The jury found petitioner guilty of murder and was sentence to a 24-year prison term. On appeal, Petitioner argued that he had not “knowingly and intelligently” waived his 6th amendment right to counsel before he gave his uncounseled post indictment

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