People v. Jones

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2012 IL App (2d) 110346
Decision Date: 
Wednesday, December 19, 2012
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
(Court opinion corrected 12/19/12.) No error in allowing State to amend indictment on first day of trial. No ineffective assistance of counsel in defense counsel failing to strike a juror, as it was a matter of trial strategy to accept juror. Entire voir dire must be considered, not only juror's statement that he would like to believe that police officers were more credible; totality of juror's responses showed that he could be fair and impartial. No ineffective assistance of counsel by defense counsel waiting until surrebuttal to call a witness, who was not allowed to testify. Counsel's decision not to call witness was a sound strategy and not a procedural mistake. (HUDSON and BIRKETT, concurring.)