People v. Hardimon

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2021 IL App (3d) 180578
Decision Date: 
Thursday, July 22, 2021
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
O'BRIEN

Defendant was convicted, after jury trial, of 4 counts of 1st degree murder and 1 count of unlawful possession of a weapon by a felon (UUWF).  State could not use Defendant’s prior conviction for aggravated unlawful use of a weapon as the underlying felony to support his conviction for UUWF, and thus UUWF conviction is vacated. Court properly allowed security guard to opine on the mean of street vernacular and the State to play the video of Defendant's interrogation to a certain point. Court properly denied Defendant's motion to suppress, as police had probable cause to arrest and exigent circumstances justified the arrest without a warrant.  No ineffective assistance of counsel where counsel did everything he could have done to try to secure retired police officer as a trial witness. Counsel was not ineffective for failure to question witness about his description of the Defendant, as the witness unequivocally identified the Defendant as the person involved in an altercation.(HOLDRIDGE and WRIGHT, concurring.)