Defendant was convicted, after bench trial, of attempted 1st degree murder, aggravated battery with a firearm, and unlawful use of a weapon by a felon, all resulting from 1 incident in 2004. In prior appeal, Defendant claims that court erred by dismissing his petition at 2nd stage, because he made substantial showing that his trial counsel was ineffective for failing to investigate and call 2 alibi witnesses at trial. A defendant's voluntary absence from trial does not diminish the defendant's right to effective assistance of counsel. Record shows that defense counsel did investigate alibi witnesses; and that his decision to not call those witnesses may have been a matter of trial strategy, and thus not objectively unreasonable.(REYES and LAMPKIN, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel