Defendant, age 18 at time of offense, was convicted, after jury trial, of 1st degree murder. Defendant filed motion to suppress a statement he made to detectives after his arrest, alleging his mental deficiencies prevented him from making a legally sufficient decision to waive his Miranda rights. Court denied Defendant's motion, but acknowledged Defendant had a below-average intelligence. Defense counsel stated on the record her belief that Defendant was going to testify, and waived his right to have the court ask prospective jurors if they understood and accepted the principle that a defendant's failure to testify cannot be held against him .As a matter of trial strategy, defense counsel changed course midtrial and advised Defendant not to testify, which he relied upon in electing not to testify. Defense counsel, faced with the unforeseen favorable testimony from State's witnesses, properly reconsidered the risk associated with having Defendant testify in reaching her decision. This decision was not so unsound or unreasonable that she deprived Defendant of his 6th amendment right to counsel. (HARRIS and HOLDER WHITE, concurring.)
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel