People v. Douglas

Defendant was convicted, after jury trial, of first-degree murder. Defendant contended counsel was ineffective for failing to discover that he had invoked his right to counsel soon after he was arrested, but that event does not lend itself to discovery by trial counsel, and petition and affidavits contain only fanciful factual allegations. No ineffective assistance in counsel failing to call a witness who could have provided additional impeachment, as witness would not have undermined State's substantial evidence against Defendant. Thus, postconviction petition was properly dismissed at first stage as it failed to assert factual basis for claim. (R.E. GORDON and CAHILL, concurring.)