People v. Burns

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2019 IL App (4th) 170018
Decision Date: 
Monday, May 13, 2019
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Reversed and remanded with directions.
Justice: 
STEIGMANN

Defendant was convicted, after bench trial, of 1st degree murder. Court dismissed Defendant's postconviction petition at 2nd stage. Defendant attached his affidavit alleging trial counsel refused to let him testify, and this claim is based on evidence outside the record. Both of his postconviction attorneys failed to specify the substance of his intended testimony, which was required in order to show prejudice, to adequately present his claim of ineffective assistance. (HARRIS, concurring; TURNER, specially concurring.)