People v. White 

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2011 IL App (1st) 092852
Decision Date: 
Friday, December 23, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
EPSTEIN
Defendants were convicted, after jury trial, of first degree murder and attempted first degree murder. Judge informed jury about scheduling of testimony and remaining events of trial, but comments would not lead jury to infer that judge believed jury should need little time to resolve issues, or must finish deliberations on a certain day. Thus, no showing that judge's comments had probable effect on verdict, which was reached after three hours of deliberations. Court did not impinge on State's discretion to initiate and manage prosecution in asking if State wanted to submit firearm enhancement instruction. Defendant failed to show that defense counsel was laboring under actual conflict of interest that affected his performance, and thus no violation of right to conflict-free counsel. (J. GORDON and HOWSE, concurring.)