People v. Hayes

Defendant was found guilty of first-degree murder and aggravated unlawful use of a weapon and sentenced to 55 years in prison. On appeal, defendant argued that he received ineffective assistance of counsel where counsel pursued a theory of second-degree murder by provocation at trial and the trial court erred by denying his requested jury instruction for second-degree murder. The appellate court affirmed, finding that viewing counsel’s performance in its entirety defendant had the reasonable assistance of counsel that he was entitled to and that there was no evidence to support a second-degree murder instruction. (HARRIS and STEIGMANN, concurring)