People v. Hayes

Defendant was found guilty of first-degree murder and in his direct appeal argued there were deficiencies in the eyewitness testimony leading to his conviction. The appellate court affirmed, but noted in its opinion that defendant did not attempt to call a witness at trial regarding the psychology of witness identifications. Defendant subsequently filed a post-conviction petition arguing that trial counsel was ineffective for failing to investigate or call an expert witness on the issue of eyewitness identification. The trial court dismissed the petition and defendant appealed. The appellate court reversed, finding the claim of ineffective assistance arguable because an expert on eyewitness identification could have undermined witness credibility, creating the probability of a different outcome. The court remanded for further proceedings consistent with the Post-Conviction Hearing Act. (PUCINSKI and WALKER, concurring)