People v. Howard

Facts

D was charged with robbing Professor Alfred Rosenbloom at gunpoint near the University of Illinois at Chicago campus. D moved to exclude the testimony of Professor Steven Melamed. P alleged that D robbed Melamed near same campus. Rosenbloom testified that he was walking near his home on Van Buren Street and D came up quickly behind him and 'muscled' him around the corner. D then stood face to face with Rosenbloom, pointed a gun at him, and said, 'Give me your wallet.' Rosenbloom complied. D then demanded Rosenbloom's PIN for an ATM. D fled, and Rosenbloom chased him. Rosenbloom saw D get into a red car. Rosenbloom was able to read the license plate before the car pulled away. Rosenbloom identified an automobile as the car he had seen d enter. He then identified D in a lineup. He also identified a number of foreign currencies which had been kept in his wallet as souvenirs from his extensive foreign travels. Melamed, a professor at the same school, testified that he was robbed at gunpoint in a similar manner on April 18, 1996. D grabbed the wallet and ran. D ran first north on Peoria and then West on Van Buren. Melamed was shown a black wallet which he testified was the same style, color, and material as his wallet. On May 8, 1996, Melamed viewed 'a photographic lineup' at the police station and identified D's photograph. Later that day, Melamed viewed a lineup and identified D. The court allowed Melamed’s testimony to establish D’s modus operandi. P argued that they were both armed robberies of white male college professors, at or near the same street next to the campus, and the robber approached from behind carrying a gun and fled in the same general direction. D claimed that some other dude did it (SODDIT) because he was home at the time they were committed. The court allowed Melamed’s testimony for modus operandi identification. D was convicted and appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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