People v. English

Illinois Supreme Court
Criminal Court
Citation
Case Number: 
2013 IL 112890
Decision Date: 
January 25, 2013
District: 
3d Dist.
Division/County: 
Henry Co.
Justice: 
KARMEIER
Holding: 
Affirmed.
Defendant was convicted of felony murder and aggravated battery of a child; a knowing murder charge was dismissed by State at trial. Defendant forfeited argument that aggravated battery of a child was not a proper predicate for felony murder because it lacked an independent felonious purpose by failing to raise it on direct appeal, even though that argument had less support in the law at that time as compared to the present. No ineffective assistance of counsel, and thus forfeiture is not excused, as based on state of law at time of direct appeal, it was reasonable for appellate counsel to conclude that issue was unlikely to succeed. (KILBRIDE, THOMAS, GARMAN, and THEIS, concurring; FREEMAN and BURKE, specially concurring.)