People v. Cathey

This case presents question as to whether trial court properly denied defendant's pro se petition for post-conviction relief alleging that his trial counsel was ineffective for failing to obtain ruling on his motion in limine to bar use of evidence of his prior convictions to impeach his credibility where trial court did not rule on said motion until after defendant had testified. Appellate Court, in affirming trial court, found that res judicata applied because Appellate Court had found no error on same issue in direct appeal, after concluding that trial court had performed necessary balancing test to determine admissibility of said evidence and had appropriately waited to make said ruling because it lacked sufficient information to make ruling at time motion was filed. Ct. also found that Patrick, 233 Ill2d 62, which held that it was error under certain circumstances for trial court to wait to make ruling on similar in limine motion until defendant had testified, did not apply retroactively.