People v. Hampton

Defendant was convicted, after jury trial, of 1st degree murder, and sentenced to 75 years. Defendant was 25 at time of offenses, but evidence at his sentencing hearing showed that due to an intellectual disability, he had the cognitive ability of an 11-year-old.  Defendant cannot show prejudice from his attorneys' failure to argue for admission of a witness' statement to Defendant's and testimony as to victim's reputation, and thus no ineffective assistance of counsel claim. Court did not err in refusing to instruct jury on 2nd-degree murder, as no circumstances present to support claim of self-defense. An argument of ineffective assistance of counsel was not necessary to arguments counsel raised in support of motion for new trial. Psychiatrist testified that Defendant's mental illnesses can be treated and that, with appropriate treatment, Defendant can be rehabilitated. Sentence was not excessive, and does not violate proportionate penalties clause of Illinois Constitution. Defendant has not sought appropriate treatment outside of an institutional setting, and thus court was not required to find that Defendant had any rehabilitative potential. (WELCH and CATES, concurring.)