Defendant was convicted, after jury trial, of attempted 1st degree murder, mob action, and aggravated battery with the stabbing of Defendant's friend. Victim identified Defendant and codefendant as the assailants. Defendant filed a pro se postconviction petition raising claims of actual innocence, involuntary waiver of his right to testify, and ineffective assistance of appellate counsel. Court summarily dismissed the petition as frivolous and patently without merit. Record shows that trial court confirmed that Defendant consulted with counsel on his decision whether to testify, he understood that the decision whether to testify was his alone, and he then chose not to testify. Summary dismissal was thus warranted. (GARMAN, KARMEIER, and THEIS, concurring; A. BURKE and NEVILLE, dissenting.)
Illinois Supreme Court
Criminal Court
Postconviction Petitions