People v. Cathey 

(Court opinion of 11/12/10 withdrawn.) Defendant was convicted of aggravated battery with a firearm. Court dismissed his postconviction petition at first stage of proceedings. Court did not deprive Defendant of due process or fair trial when it delayed ruling on motion in limine to exclude prior convictions until after he testified. Supreme Court's holding in People v. Patrick case announced a new constitutional rule of criminal procedure: that a trial court's failure to rule on a motion in limine on admissibility of prior convictions when it has sufficient information to do so is an abuse of discretion and infringes on a defendant's right to testify in his own behalf. The Patrick holding does not apply retroactively to cases on collateral review, and Defendant's claim is thus barred by res judicata. Counsel was not deficient for failing to request a reckless conduct instruction, as no evidence supported the giving of that instruction. (O'BRIEN and LAVIN, concurring.)