(Modified upon denial of rehearing 7/20/17.) Defendant was convicted, after bench trial, of multiple charges. Defendant appealed, arguing that all 3 attorneys who had represented him labored under conflicts of interest. Defendant's first attorney withdrew prior to the time that it was known that a person she later represented would be a prosecution witness. Thus, no per se conflict of interest, as that attorney did not contemporaneously represent Defendant and a "prosecution witness". Second and third attorneys had represented that witness previously, but that person did not become a State's witness until long after second attorney's representation of that witness ended/ thus, no per se conflict of interest. No actual conflict of interest shown. (STEIGMANN and APPLETON, concurring.)
Illinois Appellate Court
Criminal Court
Conflict of Interest