Dist.Ct. did not err in denying defendant’s habeas petition challenging his first-degree murder conviction on ground that his trial counsel was ineffective for failing to challenge felony murder instruction that was submitted to jury in conjunction with general verdict form. Jury returned general verdict finding defendant guilty of first-degree murder and aggravated discharge of firearm, and Ill. Supreme Ct. subsequently found in different case that aggravated discharge of firearm could not serve as predicate felony of felony murder conviction. However, even if defendant could show in instant case that instructing jury on multiple theories of guilt, one of which is legally improper under state law, qualified as constitutional due process violation, any error was harmless, where evidence against defendant was overwhelming that defendant directed others to drive to and shoot rival gang members, and where reasonable jury would have reached same guilty verdict on at least two other legal bases.
