Defendant, age 26 at time of offense, was convicted, after jury trial, of 2 counts of 1st degree murder for stabbing deaths of his 60-year-old uncle and his 83-year-old grandfather, and received mandatory sentence of natural life. Defendant claimed that he acted in self-defense after his uncle lunged at him with a knife. No abuse of discretion in court barring testimony of Defendant's sister, who Defendant claimed was sexually abused by their grandfather 20 years prior which led to seething family tensions. Defendant's other sister was allowed to testify, and she said that it did not happen and that there was no animosity or anger in the family on the day of the murders. No ineffective assistance of counsel in defense counsel failing to object to State's proposed use of Defendant's void prior conviction for AAUW (aggravated unlawful use of a weapon) to impeach his credibility. The law was in flux at time of conviction, and counsel had a legitimate strategic reason for introducing that prior conviction: to explain why Defendant did not move out if the tension was as bad as he claimed (because of terms of his parole). Defendant's prior AUUW conviction is vacated. (REYES and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Murder