People v. Domagala

This case presents question as to whether trial court properly dismissed at second stage of post-conviction proceeding defendant's petition alleging that his trial counsel was ineffective for failing to pursue in underlying murder trial gross negligence defense under circumstances where defendant was seen shoving forearm into neck of 84-year-old victim, whose injuries resulted in victim receiving feeding tube, and where victim died two weeks later as result of infection caused by displacement of feeding tube. While defendant asserted in his post-conviction petition that gross medical negligence was superceding cause of victim's death, and that trial counsel was ineffective for failing to investigate said defense, Appellate Court found that defendant had failed to establish any prejudice where outcome of trial would not have been different due to fact that evidence contained in affidavits from medical experts attached to post-conviction petition was cumulative to medical testimony presented at trial.