People v. Brown

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2017 IL App (1st) 150203
Decision Date: 
Tuesday, September 19, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed as modified.
Justice: 
HYMAN

Court properly dismissed, at 1st stage, Defendant's postconviction petition alleging ineffectiveness of counsel for failure to investigate and present to jury the knife used by the victim during altercation in which Defendant shot the victim.  Defendant could have raised these claims on direct appeal, and properly dismissed as frivolous and patently without merit. Even if not forfeited, claims are meritless. Nothing in record shows that knife was recovered or in possession of the State, which is corroborated by Defendant's postconviction petition. (NEVILLE and MASON, concurring.)