People v. Clendenin 

Illinois Supreme Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 109184
Decision Date: 
Thursday, September 23, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Appellate court reversed; remanded.
Justice: 
FREEMAN
Defendant was convicted, in stipulated bench trial, of unlawful possession of child pornography, after person with whom Defendant had resided found video clips and turned them over to police. Motion to quash and suppress were properly denied, as a private search is not protected by the Fourth Amendment. Defense counsel had utilized stipulation as matter of trial strategy while preserving for review a challenge to the denial of the motion to suppress. Defendant failed to show essential element of deficient performance by trial counsel, by indication of Defendant's indifference to the stipulation. (FITZGERALD, THOMAS, KILBRIDE, GARMAN, KARMEIER, and BURKE, concurring.)