Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Defendant made substantial showing that his trial attorney was subject to per se conflict as trial attorney had previously represented murder victim and did not disclose conflict to Defendant. Court erred in dismissing Defendant's claim for ineffective assistance based on counsel's failure to call several exculpatory witnesses. Those witnesses were the only evidence available to rebut State's case, and failure to call them was substantial showing of deficient performance and prejudice. (HALL and GORDON, concurring.)