People v. Dupree

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2014 IL App (1st) 111872
Decision Date: 
Wednesday, July 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
MASON
Defendant was convicted, after jury trial, of first degree murder and attempted first degree murder. Defendant received ineffective assistance of counsel, as his trial counsel opened the door to otherwise inadmissible prior consistent statement from a witness, failed to make objection when State introduced statement repeatedly and argued it as substantive evidence, and failed to request that limiting instruction be given to jury. Prior consistent statement was highly prejudicial because it was directly related to Defendant's guilt. (NEVILLE, concurring; PUCINSKI, specially concurring.)