People v. Scott

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2011 IL App (1st) 100122
Decision Date: 
Friday, September 16, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part; remanded.
Justice: 
McBRIDE
Defendant was convicted, after jury trial, of first degree murder. Defendant filed postconviction petition alleging his trial counsel was ineffective for failing to request a continuance to investigate officer's statement that he recognized Defendant from the neighborhood. State was not obligated, per Rule 412, to specify the types of witnesses it may call at trial, including identification witnesses, and thus State did not violate discovery, so defense counsel had no basis to request continuance. Thus, court properly dismissed postconviction petition. (GARCIA, concurring; R.E. GORDON, specially concurring.)