People v. McKinney

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2011 IL App (1st) 100317
Decision Date: 
Tuesday, December 13, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Defendant was convicted, after jury trial, of first-degree murder. Court was within its discretion in finding that State had exercised due diligence in attempting to locate witness, and in extending trial 30 days beyond speedy trial term. No ineffective assistance of counsel in defense counsel's making of one erroneous remark in opening statements. No error in failing to appoint new counsel after Krankel hearing, where defense counsel failed to call alleged witness of whom he had no knowledge. No error in court's characterization of Defendant's criminal background as "violent", as his subsequent convictions involved guns and drugs. (QUINN and HARRIS, concurring.)