People v. Fillyaw

Two defendants were convicted of first-degree murder of one person and of attempted first-degree murders of two other persons. Defense counsel failed to object on proper grounds to improper admission of statement of State's witness, that Defendant admitted that he and the other Defendant kicked down a door and shot three people, but which was not based on witness' own personal knowledge. Defense counsel failed to request a contemporaneous jury instruction, and failed to properly address error in posttrial motion. As outcome of trial would likely have been different but for these errors, Defendant was denied effective assistance of counsel. Other defendant's rights were violated by admission of witness' statement explicity incuplating him, and by having been tried jointly with other defendant whose hearsay statement explicitly inculpated him. (JORGENSEN and McLAREN, concurring.)