Illinois Appellate Court
Criminal Court
Search and Seizure
Ineffective Assistance of Counsel
Defendant appealed his conviction as an armed habitual criminal arguing he was denied the effective assistance of counsel. The appellate court reversed and vacated, finding that the gun and other evidence used to support the conviction were recovered as the result of an illegal seizure and, if defense counsel had argued the issue, the trial court would have suppressed the evidence. (HYMAN and PUCINSKI, concurring)