Defendant was convicted of 1st degree murder. Court properly entered 2nd-stage dismissal of Defendant's postconviction petition. Video evidence documenting Defendant's Miranda waiver and subsequent inculpatory statements provides no reason to suspect that she was negatively affected by a lack of sleep, or that her will was overborne by coldness in the interview room or anemia.No evidence that her statements were extracted through trickery or deceit by detectives. Defendant's recantation long after her 2 inculpatory statements (made hours apart from each other) suggests that she eventually had second thoughts about the wisdom of having made the statements. Defendant did not make a substantial showing that it is reasonably probable that her statements would have been suppressed as involuntary, or that trial outcome would have been different, if trial counsel had presented additional portions of the interview video and testimony as to her alleged intoxication at time of interview. Thus, court properly dismissed ineffective assistance of counsel claim without an evidentiary hearing. (HALL and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions