Defendant was convicted, after jury trial, of 1st degree murder and attempted murder. Court instructed jury on self-defense as to both charges and on 2nd degree murder based on "imperfect" or "unreasonable" self-defense, although defense counsel did not argue either theory, but argued a theory of reasonable doubt as to identification. Jury understood who was the attempted-murder victim, and jury convicted Defendant of that charge because it found that he shot that victim with the specific intent to kill him. There were no unusual facts that required a modification of IPI instructions. Defense counsel is not required to argue a defense simply because jury was instructed on it. As these 2 theories as to self-defense were weak, it was not unreasonable for counsel to argue a different theory, and this decision did not affect the verdict. (FITZGERALD SMITH and HOWSE, concurring.)
Illinois Appellate Court
Criminal Court
Murder