Illinois Appellate Court
Criminal Court
Post-Conviction Hearing Act
Defendant appealed from the first-stage dismissal of his petition filed under the Post-Conviction Hearing Act. Defendant argued on appeal that he stated an arguable constitutional claim alleging that his trial counsel was ineffective for failing to investigate and challenge a victim impact statement, which the trial court relied on at sentencing. The appellate court affirmed, finding that defendant failed to meet his burden for a multitude of reasons, including that there was no prejudice. (LANNERD and CAVANAGH, concurring)