Olvera v. Gomez

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his murder conviction on ground that his trial attorney was ineffective for failing to call or contact several witnesses prior to trial. Record showed that one trial witness stated that she overheard defendant confess to order shooting of murder victim, and defendant presented affidavit from one individual to state that trial witness was lying. However, Illinois Appellate Court, in rejecting defendant’s ineffective assistance of counsel claim, could properly find that none of defendant’s seven affidavits on their own or collectively established any ineffective assistance of counsel, where affidavits were either: (1) deemed to be speculative or concerned only about post-shooting events; (2) concerned information that trial counsel would not have reasonably uncovered prior to trial; and (3) contained inadmissible hearsay. Also, one affiant was out-of-town at time of trial, and, although one affiant contradicted trial witness on claim that defendant was overheard admitting to order shooting of murder victim, defendant failed to establish prejudice where other evidence, including his jailhouse confession, established his guilt. Too, one affiant made statements that conflicted with statements he made in his own sentencing hearing that implicated defendant in instant shooting.