People v. Boswell

The appellate court considered the third appeal filed by defendant after he was convicted of first-degree murder in which he argued that the trial court erred when it denied his amended post-conviction petitioner after a third-stage evidentiary hearing. Defendant argued on appeal that he showed beyond a mere preponderance of the evidence that the McLean County public defender labored under a per se conflict of interest that disqualified the entire office from representing him and that his trial counsel labored under an actual conflict of interest. The appellate court affirmed, finding that the evidence did not support the finding of an actual or per se conflict of interest on behalf of the defense counsel and that defendant's argument was based on a misinterpretation of an "offhand comment". (DeARMOND and CAVANAGH, concurring)