Defendant, who was found guilty of first-degree murder, appealed from the trial court’s second stage dismissal of his post-conviction petition. Defendant argued in his petition that he was denied the effective assistance of counsel because defendant was tried in a joint trial with a co-defendant. The appellate court affirmed, noting that counsel was not ineffective because counsel filed a motion to sever and raised the issue in a post-trial motion for a new trial. The appellate court further concluded that the trial court’s denial of defendant’s severance motion was not grounds for a new trial. Defendant also argued that his conviction was based on witness statements procured through police intimidation or coercion in violation of his due process rights, but the appellate court rejected this argument as lacking persuasiveness. The appellate court further rejected defendant’s arguments regarding actual innocence and a challenge to the length of his sentence. (HYMAN and TAILOR, concurring)
Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act