People v. Houston

Rehearing denied February 3, 1987. Elton Houston appeals his conviction for murder by a jury, and Robert Brown appeals his conviction for murder by the court in a simultaneous trial before the same trial judge. Both were sentenced to 35 years' imprisonment. They jointly identify issues on appeal to include whether the circuit court erred in: (1) finding the police had probable cause to arrest each defendant, and (2) finding each defendant was proved guilty beyond a reasonable doubt. Additionally, Houston claims that the circuit court erred in: (1) failing to suppress statements he made to police in his apartment before he received Miranda warnings, and (2) refusing to permit cross-examination of a police officer to elicit a statement made by Houston to that officer at the police station after the State elicited earlier conversations between Houston and the officer. Brown asserts further error in questioning whether: (1) his jury waiver was invalid because premised on a reasonable but mistaken belief that the only occurrence witness would explain his having recanted his statements because of gang intimidation, and (2) the circuit court erred in failing to grant him a new trial based on newly discovered evidence that two other men confessed to the murder and exonerated Brown.