People v. Baines 

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Hearsay
Citation
Case Number: 
No. 1-08-0235
Decision Date: 
Tuesday, March 30, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 2nd Div.
Holding: 
Reversed and remanded.
Justice: 
CUNNINGHAM
After jury trial, Defendant was convicted of attempted first degree murder and armed robbery. Defense counsel was clearly and wholly unaware of many basic facts of case which were crucial to the defense, and this lack of knowledge contributed to and accounted for counsel's inability to ask clear questions of witnesses. Defense questioning eroded the effect of evidence which would have been helpful to the defense. Failing to bring out the essence of the defense theory, including a significant discrepancy in the victim's testimony, was not merely trial strategy. Defendant was prejudiced as defense counsel prevented the efective impeachment of the victim and elicited a harmful admission from Defendant. Thus, Defendant was denied effective assistance of counsel. (Court opinion corrected 8/4/10).