Defendant was convicted, after jury trial, of 1st degree murder of 1 person and of attempted murder and aggravated battery with a firearm of another person. Defendant made a substantial showing on his claim of actual innocence and his claim of ineffective assistance of trial counsel. Defendant claims that trial counsel was ineffective for failing to call 3 witnesses who would have corroborated his testimony that he acted in self-defense. Defendant filed affidavits from those 3 witnesses which corroborate his claims that rival gang members were armed that day. Their testimony would have provided critical support for Defendant's otherwise completely uncorroborated version of events that those gang members were armed and acted as the initial aggressors that led up to the shooting. (CUNNINGHAM and HARRIS, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel