People v. Neasom

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL App (1st) 143875
Decision Date: 
Friday, September 15, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
REYES

Defendant was convicted, after bench trial, of 1st-degree murder of homeless woman who fell, head-first, out of apartment winow, and sentenced to 27 years. Defendant failed to establish that his trial counsel was not ineffective in failing to advance a 2nd-degree murder theory. Defense counsel's choice of trial strategy, to advance an all-or-nothing defense, is recognized as a valid trial strategy and was not unreasonable as it was not based on a misapprehension of the law. Sentence was not an abuse of discretion, given Defendant's history of prior violent behavior toward women. (GORDON and LAMPKIN, concurring.)