Illinois Appellate Court
Criminal Court
Postconviction Petitions
Under Illinois Supreme Court's 2015 ruling in People v. Allen, court improperly dismissed Defendant's postconviction petition at first stage. "Strategy argument" as to trial counsel's decision not to call a witness is inappropriate for the first stage of review of postconviction petition.Relevant test is whether it is arguable that counsel's performance fell below an objective standard of reasonableness and that the defendant was prejudiced. Defendant presented an "arguable" claim that her trial counsel was ineffective in not calling co-defendant as a witness. (CONNORS and DELORT, concurring).