Illinois Appellate Court
Criminal Court
Motions for New Trial
Ineffective Assistance of Counsel
Defendant's car struck high curb, and when police officer approached vehicle he saw handgun underneath front seat, and arrested Defendant for unlawful use of weapon by felon. Improper for prosecutor to inquire of officer about Defendant's post-arrest silence, which was not used for impeachment as Defendant did not testify; but error was not of such magnitude to warrant new trial, as inquiry was limited, and no argument made that failure to deny ownership of gun, or to proclaim ownership of gun by his mother, should be considered by jury.