People v. McGhee

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (1st) 093404
Decision Date: 
Tuesday, January 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Defendant was convicted of murder. No ineffective assistance of counsel, as postconviction petition does not make substantial showing of constitutional violation. Filing motion to reconsider sentence would have been fruitless. Defense counsel's decision to not call Defendant's wife as witness was matter of trial strategy, as counsel was aware of her potential testimony and had another alibi witness available. Defense counsel's decision to not call expert on reliability of eyewitness identification, given Illinois trend precluding such testimony as invading province of jury. (CUNNINGHAM and HARRIS, concurring.)