Court properly denied Defendant's post-conviction petition. Court properly sustained State's objection to admission into evidence of notes of law student interviewer of witness, as there was no evidence authenticating the notes. No ineffective assistance of counsel, as Defendant cannot show that he was prejudiced by his trial counsel's failure to call notetaker at witness' interview as a witness. Court's conclusion that counsel's decision not to call a certain witness was a matter of trial strategy is adequately supported by record. Declining to call alibi witness whose testimony could be contradicted by Defendant's own postarrest statements as to his whereabouts is reasonable trial strategy, even if witness was never interviewed.(CUNNINGHAM and ROCHFORD, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions