People v. Talbert

Defendant was convicted, after jury trial, of 1st degree murder of one person, attempted 1st degree murder of another person, and aggravated discharge of a firearm in the direction of another person. Court properly allowed jury to hear evidence of prior bad acts committed by his cousin weeks prior to shooting. Evidence of prior arson threat and attempt were necessary to explain why cousin would order Defendant to fire at the family. Cousin's motive was relevant, regardless of whether Defendant was aware of it, as State presented specific evidence that Defendant was doing cousin's bidding. Evidence had great probative value as it explained an otherwise inexplicable shooting. No ineffective assistance of counsel in defense counsel's failure to present witness testimony he promised in opening statement, as witnesses may have substantially changed their account of events without warning. (MASON and PUCINSKI, concurring.)