People v. Shipp

Court did not err in granting Defendant's amended postconviction petition, after a 3rd-stage evidentiary hearing, related to his convictions (after stipulated bench trial) of armed violence, unlawful possession of a controlled substance with intent to deliver, and unlawful possession of a firearm by a felon. Appellate court had previously concluded that Defendant was arguably prejudiced by counsel's failure to challenge denial of motion to suppress on direct appeal. Circuit court failed to make factual findings during the suppression hearing. State asserts now that Defendant violated the law by walking in the street, and that this served as a valid basis for a stop. Postconviction court heard no new evidence as to the condition of the sidewalks. To violate the law, Defendant had to do more than merely walk in the street. State did not present any argument as to what was "practicable" use of sidewalks, but there is evidence (as shown on video) that accumulation of snow and ice made use of the sidewalks impracticable. Thus, there was a prima facie case that police lacked probable cause, and that Defendant made substantial showing of ineffective assistance of counsel. (HUDSON and BRIDGES, concurring.)