People v. Castillo

Defendant was convicted, after jury trial, of 2 counts each of 1st-degree murder and home invasion.Court properly entered summary dismissal of Defendant's pro se postconviction petition. No ineffective assistance of counsel in his direct appeal. Appellate counsel failed to argue that trial court erred by restricting cross-examination of a witness who testified that Defendant admitted committing the murders. OUtcome of direct appeal would have been no different if appellate counsel had challenged limitation of witness' cross-examination, as not raising the issue engendered no prejudice. Thus, claim was based on an indisputably meritless legal theory. (BIRKETT and ZENOFF, concurring.)