People v. Harris

Illinois Appellate Court
Criminal Court
Case Number: 
2013 IL App (1st) 111351
Decision Date: 
October 16, 2013
1st Dist.
Cook Co., 3d Div.
Defendant was convicted, after jury trial, of murder, attempted murder, and aggravated battery with a firearm. Defendant's own conduct shows that he was aware of risks of self-representation, as after one year he requested, and was granted, appointment of counsel at trial. Defendant was competent to waive counsel and did so knowingly and voluntarily. Thus, court did not err in failing to hold a fitness hearing, and his counsel was not ineffective for failing to request one. One witness' recantation did not put entire case in such a different light as to undermine confidence in verdict, and thus Defendant did not make substantial showing that State's failure to disclose witness' recantation constituted a Brady violation. (QUINN and PUCINSKI, concurring.)