People v. Brown

The Illinois Supreme Court considered whether the defendant received ineffective assistance of counsel when his counsel agreed to a process that allowed the parties to exercise jury challenges at sidebar conferences that were held off the record and outside of the defendant’s presence. The appellate court rejected his claim and upheld his armed habitual criminal conviction. The Supreme Court affirmed, finding that absent evidence counsel failed to represent defendant’s interests at the sidebars there was no basis for the court to conclude that the counsel’s performance was deficient. (OVERSTREET, concurring and NEVILLE, O’BRIEN, and HOLDER WHITE, specially concurring. CUNNINGHAM and ROCHFORD took no part in the decision)